A recent experience at Girones Lawyers exemplifies the difficulties that civil plaintiffs are experiencing with our legal system.
A longstanding trial date for a 6 week medical malpractice trial commencing this February had to be cancelled due to a shortage of available Judges.
In this case, a severely disabled child is left waiting for a new trial date and her parents continue to struggle emotionally and financially to care for their child.
Girones Lawyers represents many children who were injured at birth due to trauma or lack of oxygen and recognizes that an early trial date is the family’s best chance to obtain a reasonable settlement and/or judicial decision.
The Ontario judicial system, already facing the stress of several judicial vacancies, was hit hard by the recent criminal decision in R. v. Jordan. This criminal case gave strict timeline to follow in criminal matters and threw out a case against an accused criminal that dragged on too long. As a result, judges are being diverted from the civil law system to help move criminal cases along expeditiously.
To read more please see Andrea Girones’ comments in the article below, and her radio interview for the CBC.
Judge Shortage: http://www.cbc.ca/news/canada/ottawa/federal-judge-shortage-puts-criminal-cases-at-risk-delays-civil-trials-1.3925304
Radio interview: http://www.cbc.ca/news/canada/ottawa/programs/ottawamorning/civil-trial-delays-1.3927234
Judicial vacancies: http://www.cbc.ca/news/politics/federal-judges-appointments-cba-1.3922715
