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ARTICLE · 26 JULY 2006

Responding to the Needs of Unrepresented Litigants: A Call to Action

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The fundamental goal of our civil and criminal justice systems is to provide access to justice for members of our society.

CanadaLitigation, Mediation & Arbitration
Jeffrey Leon
Jeffrey Leon
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Introduction

The fundamental goal of our civil and criminal justice systems is to provide access to justice for members of our society. And yet, for many individuals the high cost of litigation has become prohibitive and precludes true access to justice. As Justice Cory observed in Coronation Insurance Co. v. Florence:1

For many years it has been rightly observed that only the very rich and those who qualify for legal aid can afford to go to court. This point was brought home with shocking clarity by Mr. Justice George Adams in his paper presented the week of July 11th at the Cornell Lectures. There he noted that the total legal bills to all parties in an average General Division lawsuit (including those that settle before trial) may easily amount to between $40,000 and $50,000. Truly litigation can only be undertaken by the very rich or the legally aided. Legal rights are illusory and no more than a source of frustration if they cannot be recognized and enforced.

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