Essentially get rid of the wind up record player and use something a lot more modern. He was considering an argument that a trial should be conducted partially electronically and partially with 10 binders of documents. Some counsel I will not indicate whom communicated a desire to work in paper.
They underly most of the themes that will be developed throughout this First Report. We deal with backlog, and our proposals for attacking it, separately, in Chapter There, we point out the difference between the time it takes a case to get to trial from when it is started, and "backlog" as we have defined it.
We have defined it as those cases ready and waiting to be tried, but not reached for trial within 9 months of being placed on the trial list. From the public's perspective it is the delay from start to finish which is important.
That delay is the subject of our overall Report. Data is not currently captured in a fashion which enables us to provide information on a 9 month aging basis. There are presently 23, cases on the pending trial lists in the General Division throughout Ontario.
Of those cases, Chart 1 provides a breakdown on a Regional and province-wide basis. This is a heavy caseload. Within these Regions there are localities where the backlog of cases is Court paper operation of canadian court systems severe -- indeed, at crisis or approaching crisis proportions.
We have noted these communities earlier. How did this glut of cases develop? Undoubtedly there are numerous factors that contributed to the genesis and growth of the problem.
A striking factor is illustrated by the 15 year trend in Chart 2 which follows. It shows there was a truly massive increase in the number of civil cases entering the system during the late 's and early 's. Chart 2 shows the combined caseload of the District Court and the High Court prior to merger, and of the General Division after merger.
Cases initiated remained relatively steady in the 10 years preceeding Of comparable significance, in terms of building pressures on the courts, is the experience on the criminal side of the justice system. These proceedings all enter the system through the Provincial Division.
Those in which the accused elects to be tried by a judge alone or by a judge and jury ultimately find their way to the General Division. What this phenomenon indicates overall, however, is that there was a similarly rapid increase in the number of criminal cases coming into the courts as there was in the number of civil proceedings being initiated, during the period between the mid's and early The system as a whole was absorbing a double impact.
There are some harbingers of cautious optimism, however. There are other factors afoot, as well. Co-ordinated efforts involving the Bar, the judiciary and court administrators are being made across the Province to attack existing backlogs. These come at a time when courtroom utilization has been increasing dramatically and when the number of cases entering the system on the criminal side -- as a result of the Government's "Criminal Investment Strategy" -- may be declining also.
Towards the end of the General Division province-wide crossed that important "Rubicon" and began disposing at trial and through settlements at trial of more civil cases than are being added to the pending trial lists. We will return later in this Chapter to some considerations of the criminal experience and of the Ontario Government's response to the Martin Report, often referred to as the Criminal Investment Strategy, in the context of the civil justice system.
There is no clear explanation for the balance of the decline, although one might speculate that there is a connection with the recessionary ecomony of the early 's. The decision of the Ontario Legislature a number of years ago to limit the right of people to sue for damages in motor vehicle accident cases, in exchange for enhanced "no fault" benefits has had a significant impact on the number of proceedings initiated in the General Division.
While the principles of the Ontario Motorist's Protection Plan remained intact, injuries need no longer be permanent, and they need no longer be physical before injured parties may have recourse to the courts. The likelihood that this change will result in new pressures on the courts from motor vehicle litigation is significant.
To the extent, then, that the downward trend in cases coming into the civil system is attibuted to the "removal" of motor vehicle litigation from the courts, it is dubious whether that portion of the decline will be maintained. A comparison of the 15 year trend for motor vehicle cases, and the 15 year trend for all cases, indicates, however, that the former are responsible for only a portion of the rise and decline of the entry load in the civil system.
If that rise and decline is economy driven -- as might be suggested by the sharp increase during the "economically hot" later 's and the "economically recessionary" early 's -- it is difficult to predict in what direction the trend line may turn next.
It needs also to be noted that a reduction in the number of cases coming into the system does not necessarily translate into less workload for the courts -- cases are becoming longer and more complex -- but it does ease the significant entry-level administrative burden on court staff and officials.
What it does, as well, is create a potential "breathing space" for the courts as the smaller number of cases work their way through the system. This breathing space should, in turn, help to free up resources for reallocation in ways that can lead to effective structural change.
The judiciary and court administrators are making increasingly effective use of available courtroom space. This is significant because, in conjunction with the other factors mentioned -- and other things being equal -- it means that the Court overall may have an opportunity to "catch up" and to start to reduce the backlog of cases.
The first of these phenomenon is puzzling, as the downturn coincides with the beginning of the downturn in proceedings initiated, whereas one would have expected there to have been some "lag time" before the initial decline began to affect the trial lists.
The second, in conjunction with the dramatic increase in courtroom utilization time, would appear to lend credence to the belief that civil trials are becoming longer and more complex.The European Commission and the Canadian Government are working together to establish a multilateral investment court.
The idea is to establish a permanent body to decide investment disputes, moving away from the ad hoc system of investor to state dispute settlement (ISDS). This multilateral. A separate juvenile justice system was established in the United States about years ago with the goal of diverting youthful offenders from the destructive punishments of criminal courts and encouraging rehabilitation based on the individual juvenile's needs.
Fundamentals Level – Skills Module, Paper F4 (BWA) Corporate and Business Law (Botswana) December Answers 1 This question requires candidates to explain the structure and operation of the court system. The structure of the courts in Botswana is hierarchical.
THE FEDERAL COURT SYSTEM IN THE UNITED STATES An Introduction for Judges and Judicial Administrators in Other Countries Leonidas Ralph Mecham, Director Administrative Office of the and monitor the operation of federal programs.
The federal courts, for example, maintain regular. The median rate of judges per , state residents in unified courts is roughly twice that of general jurisdiction judges in two-tiered court systems because judges in some state unified courts may hear a composition of cases more comparable to a combined limited and .
Current Structure of the Ontario Courts The Present Court Process Building Pressure and Trends. Current Structure of the Ontario Courts. An outline of Ontario's present Court Structure and its officers follows.
Court of Appeal. The Court of Appeal is the highest court of record in the Province.