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Report calls for expansion of small claims court system

Thursday, November 22, 2007

  • Organization: Canadian Press

An expansion of Ontario's small claims court system is among more than 80 recommendations released by the province Thursday to reform the civil justice system and resolve disputes more quickly, and cheaply.

The report by Coulter Osborne, a former associate chief justice of Ontario, calls for cases to be streamlined to reduce costs and improve the public's access to justice.

Attorney General Chris Bentley said that includes expanding small claims courts, which Osborne referred to as the "people's court."

"You can go to the small claims court without a lawyer, it's a very streamlined procedure, very simple to understand, and it gives some good basic access to the civil courts for all Ontarians," Bentley said.

Osborne recommends that small claims courts should hear cases involving civil complaints of up to $25,000. He also says there should be no right to appeal judgments of less than $1,500.

In all, Osborne made 81 recommendations covering 18 areas of law, including unrepresented litigants, trial management, appeals, technology, and courtroom civility.

Osborne carried out consultations provincewide, had three advisory committees, and reviewed more than 60 written submissions from legal associations, lawyers, members of the judiciary and the public.

His full report is expected later this year.

Bentley said he wanted to release the summary of the report early to get further feedback from the legal community and public, so some recommendations can be implemented as soon as possible.

Bentley said he will forward some recommendations to the federal government, including a call to appoint more Superior Court judges in several Ontario courts that are currently overburdened.

Osborne also said more consideration should be given to the need to appoint bilingual judges in some regions.

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