NCJ Number
61137
Date Published
1978
Length
98 pages
Annotation
INFORMAL PROCEDURES, TECHNIQUES, AND INSTITUTIONS DEVISED IN CANADA TO RESOLVE MINOR CASES AT REDUCED COST ARE DESCRIBED.
Abstract
THE MAJOR ITEMS OF COST FOR LITIGATION IN THE FORMAL JUDICIARY ARE THE COST OF REPRESENTATION IN COURT AND DELAYS. PROGRAMS AIMED AT STANDARDIZING COSTS FOR LEGAL ASSISTANCE HAVE BEEN ESTABLISHED IN SOME PROVINCES; THESE PROGRAMS ALLOT A FIXED COST IN PROPORTION TO THE SUM INVOLVED IN THE CASE. COSTS OF RESOLVING NONQUANTIFIABLE DISPUTES ARE FIGURED ACCORDING TO SPECIFIED FORMULAS. EFFORTS TO REDUCE COSTS WITHIN THE FORMAL JUDICIARY INCLUDE (1) SIMPLIFIED PROCEDURES SUCH AS SUMMARY JUDGMENTS, SPECIAL ENDORSED WRITS, AND SPLIT JUDGMENTS; (2) SMALL CLAIMS AND FAMILY COURTS OF SPECIAL JURISDICTION; (3) CONCILIATION OR SETTLEMENT MECHANISMS, INCLUDING COURT REFEREE, PRETRIAL CONFERENCE, AND PAYMENT INTO COURT; AND (4) MISCELLANEOUS MECHANISMS, INCLUDING DEBT LEGISLATION AND THE BORROWERS AND DEPOSITORS ACT. COST-REDUCING APPROACHES OUTSIDE THE REGULAR COURTS INCLUDE THE DIVERSION OF DISPUTES TO GOVERNMENT-SPONSORED FORUMS OR TO PRIVATE, UNOFFICIAL FORUMS. COST-REDUCING MODIFICATIONS IN SUBSTANTIVE LAW REDUCE THE NUMBER AND COMPLEXITY OF OPERATIVE FACTS WHICH DETERMINE THE OUTCOME OF A DISPUTE, SUBSTITUTE GENERAL PRINCIPLES OF FAIRNESS FOR STRICT LEGAL RULES IN THE RESOLUTION OF CERTAIN CATEGORIES OF DISPUTES, AND PROVIDE A REMEDY WHICH OBVIATES THE NEED FOR RESOLVING THE DISPUTE BETWEEN PARTIES. TABULAR DATA AND FOOTNOTES ARE PROVIDED. (RCB)