Overview

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.

Full Product Details

Author:   Michael J. Trebilcock ,  Anthony Duggan ,  Lorne Sossin
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 16.10cm , Height: 3.30cm , Length: 23.80cm
Weight:   0.880kg
ISBN:  

9781442644441

ISBN 10:   1442644443
Pages:   624
Publication Date:   03 May 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Foreword 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

Reviews

‘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 *

'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

Author Information

Michael J. Trebilcock is a professor emeritus 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.

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