Tagged civil justice

In search of an evidence-based test for judicial bias

The Canadian principle of judicial bias has remained static for the four decades since the Supreme Court of Canada decision in Committee for Justice v. The National Energy Board.  The Supreme Court’s description of bias is rooted in the 20th-century jurist’s “reasonable man” mythos and emergent mid-century theories about the mind: … the apprehension of bias must be a reasonable one, held by reasonable and right minded persons, applying themselves to the question and obtaining thereon the required information. … Would he think that it is more likely than not the Decision maker, whether consciously or unconsciously, would not decide…

Medical Malpractice in Crisis

Click on the link to read my article, “Medical Malpractice in Crisis”  (February, 1999), 21 The Advocates’ Quarterly 163 21AdvocQ163.  Should doctors receive unlimited publicly-funded legal aid defence and liability funding?  Why not lawyers?  Or anyone else? Terms of use / Mentions légales

Unconscionable delay in civil justice: Is it also unconstitutional?

Click on the link to read my article, “Unconscionable delay in civil justice: Is it also unconstitutional?” 32AdvocQ277.  It exposes the elephant in the room every time an Askov blitz diverts court resources from the civil to criminal court docket.  Is the right of criminal accuseds to a speedy trial worth more to Canadian society than injury victims to their day in court for compensation?  In times of underfunding of justice, why should court resources not be subject to the same considerations as (more generously funded) health care?  Read it and let me know what you think. Terms of use / Mentions légales