Strype Injury Lawyers: Access to Justice

Court delays deny access to justice for personal injury victims

Virtually every week, media headlines shine a spotlight on the trial delays plaguing our courts. But this coverage tells only half the story of the hurdles faced by personal injury victims in Ontario when it comes to gaining fair access to justice.

As we’ve seen in several high-profile cases such as the Supreme Court’s decision in R v Jordan—in which the Court decided that criminal cases in provincial courts should take no longer than 18 months from the charge to the end of trial—criminal charges, even grievous ones, are sometimes ‘stayed’ or dismissed because they were not dealt with expeditiously.

Those charged with a crime in Canada are entitled to trial within a reasonable time under s. 11(b) of the Charter of Rights and Freedoms.

There is, however, another unintended consequence of that Supreme Court ruling. Because criminal trials take precedence over civil actions and because we have a serious shortage of judges, civil proceedings are often unreasonably delayed, sometimes for years on end. A civil suit in Ontario may require six to eight years from the date that the Statement of Claim is issued until resolution.

The impact on personal injury victims

Victims who are injured in a motor vehicle accident or another catastrophic event are often unable to work, and as a result, must survive financially on accident benefits in the interim—amounts that tend to be a mere fraction of their regular income. This hardship often results in significant stress, mental health issues, divorce and family breakdown.

Furthermore, because of the way that accident benefits are structured, insurers can arbitrarily cut off those benefits, which they do routinely.

The unfair settlement loophole

Insurance companies exploit these facts and delays to their advantage. They fully understand that their own clients are often desperate to settle for much less than they deserve, because they are facing bankruptcy. To compound the pressure, insurance companies routinely seek multiple court delays of six months to a year for various reasons, and consistently refuse to make reasonable—or any—offers of settlement. They know that a trial will be set so far in the future that their client will be forced to accept minimal compensation just to survive.

Even if a trial date is determined, that only indicates its opening day. Because of the problems in the court system, civil trials are routinely interrupted, or canceled at the last minute and rescheduled many months into the future. This is not only unfair to the plaintiffs, it also forces their lawyers to spend inordinate amounts of time preparing for a trial, then more time at a much later date as they work to review the case once again.

Insurance companies benefit with every delay in the resolution of a case, all at accident victims’ expense.

Jury trials for injury cases

The worst-case scenario for an accident victim is a trial by jury. Those trials take 50 per cent longer than trials by judge alone, largely for procedural reasons.

The situation is so dire that in Brampton, for example, jurors are being bused back and forth every day to other locations such as Milton or Orangeville, because of the shortage of judges and trial space. Juries, on the other hand, are subconsciously aware that substantial awards will affect their own car insurance rates, and often award sums that fall far short in addressing accident victims’ medical and ongoing support needs.

The case for timely justice in civil law

The Supreme Court ruled unanimously that an accused in a criminal case has the right to be tried “within a reasonable time frame”, and that the court “has a role to play in changing courtroom culture and facilitating a more efficient justice system.”

This ‘access to justice’ standard should apply to civil cases as well.

– Strype Injury Law

Get more information about the process of personal injury trials or settlements – contact Strype Injury Law today.