Middle Income Access to Justice

Middle Income Access to Justice

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Edited by Michael Trebilcock, Anthony Duggan, and Lorne Sossin
University of Toronto Press, Scholarly Publishing Division © 2012
World Rights
624 Pages
ISBN 9781442612686
Published May 2012
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ISBN 9781442644441
Published May 2012
Online discount: 25%
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ebook (EPUB format)
ISBN 9781442660618
Published May 2012
Online discount: 25%
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Though most conceptions of the rule of law assume equality before the law – and hence equal access to the justice system – this basic right is not being met for many low and middle income Canadians. This book focuses on the problem of civil access to justice for middle income earners – those whose household income is high enough to disqualify them from legal aid but not high enough to cover the costs of litigation.

Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest.

Middle Income Access to Justice presents a variety of innovative solutions, from dispute resolution process reforms to the development of non-lawyer forms of assistance and new methods for funding legal expenses. In doing so, it lays the foundation for the development of a much-needed new delivery model to provide early intervention for legal services.

Michael Trebilcock holds the Chair in Law and Economics in the Faculty of Law at the University of Toronto.

Anthony Duggan holds the Honourable Frank H. Iacobucci Chair in the Faculty of Law at the University of Toronto.

Lorne Sossin is Dean of Osgoode Hall Law School at York University.

The Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada

List of Contributors

Part 1: Introduction
Michael Trebilcock (University of Toronto), Anthony Duggan (University of Toronto), and Lorne Sossin (Dean of Osgoode Hall Law School)

Part 2: Defining the Problem – What are the Unmet Legal Needs?

Chapter 1: Caught in the Middle: Income, Justiciable Problems and the Use of Lawyers
Pascoe Pleasance (University College London) and Nigel J. Balmer (University College London)

Chapter 2: The Ontario Civil Needs Project: A Comparative Analysis of the 2009 Survey Data
Jamie Baxter, Michael Trebilcock, and Albert Yoon (University of Toronto)

Part 3: “Front-End” Proactive Solutions

Chapter 3:Front-End Strategies for Improving Consumer Access to Justice
Anthony Duggan (University of Toronto) and Iain Ramsey (University of Kent)

Part 4: Non-Lawyer Forms of Assistance

Chapter 4: Opportunities and Challenges: Non-Lawyer Forms of Assistance in Providing Access to Justice for Middle-Income Earners
Russell Engler (New England Law)

Chapter 5: Middle Income Access to Civil Justice: Implications of Proposals for the Reform of Legal Aid in England and Wales
Roger Smith

Part 5: Access to Lawyers

Chapter 6: Should Legal Services be Unbundled?
Samreen Beg and Lorne Sossin

Chapter 7: Money Isn’t Everything: Understanding Moderate Income Households’ Use of Lawyers’ Services
Rebecca Sandefur (American Bar Foundation)

Chapter 8: Legal Services Plans: Crucial Time Access to Lawyers and the Case for a Public-Private Partnership
Paul Vayda (CAW Legal Services Plan) and Stephen Ginsberg (CAW Legal Services Plan)

Part 6: Reforming the Dispute Resolution Process

Chapter 9: Reforming Family Dispute Resolution in Ontario: Systemic Changes and Cultural Shifts
Nicholas Bala (Queen's University)

Chapter 10: Commentary on Bala
Justice George Czurtin (Justice of the Superior Court of Justice - Ontario)

Chapter 11: Access to Justice for Small Amount Claims in the Consumer Marketplace: Lessons from Australia
Justin Malbon (Monash University)

Chapter 12: Challenges in Small Claims Court System Design: Does One Size Fit All?
Shelley McGill (Deputy Judge of the Ontario Small Claims Court)

Part 7: Creating Change and Reform of the Justice System

Chapter 13: Growing Ontario Legal Aid into the Middle Class: A Proposal for Public Legal Expenses Insurance
Sujit Choudry (University of Toronto), Michael Trebilcock, and James Wilson

Part 8: The Options Papers

Noel Semple (York University) and Carol Rogerson (University of Toronto), Middle Income Access to Justice: Policy Options with respect to Family Law

Judith McCormack (University of Toronto) and Azim Remani (University of Toronto), Middle Income Access to Justice: Policy Options with Respect to Employment Law

Anthony Duggan, Azim Remani and Dennis Kao (Sidley Austin LLP), Middle Income Access to Justice: Policy Options with respect to Consumer and Debtor-Creditor Law

Part 9: Select Bibliography

‘The essays in Middle Income Access to Justice are all major contributions to research – nuanced, attentive to detail, grounded in relevant data sets, and resistant to facile generalizations. This collection will attract foreign as well as domestic interest and will surely find a place on the shelves of law libraries throughout the common law world.’

Roderick A. Macdonald, Faculty of Law, McGill University

‘This is an impressive collection of essays by authors who are pre-eminent in their respective fields of study, on a variety of access to justice problems and possible reforms. A major contribution to a burgeoning literature on access to civil justice in Canada, it will be of interest to judges, academics, social scientists, and policymakers.’

Jasminka Kalajdzic, Faculty of Law, University of Windsor

‘This book should be of great interest to everyone who is involved in the legal profession and its regulation. It is packed with influential views from influential scholars in the area.’

Trevor Courtis, Saskatchewan Law Review vol 76:2013