Middle Income Access to Justice

by Trebilcock, Michael; Duggan, Anthony; Sossin, Lorne

• ISBN13: 9781442612686
• ISBN10: 1442612681
• Format: Paperback
• Copyright: 2012-05-03
• Publisher: Univ of Toronto Pr

Summary

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 Justicepresents 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.

Table of Contents

Foreword	p. ix
The Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada
Contributors	p. xi
Introduction
Introduction	p. 3
Defining the Problem - What Are the Unmet Legal Needs?
Caught in the Middle: Justiciable Problems and the Use of Lawyers	p. 27
The Ontario Civil Legal Needs Project: A Comparative Analysis of the 2009 Survey Data	p. 55
'Front-End' Proactive Solutions
Front-End Strategies for Improving Consumer Access to Justice	p. 95
Non-Lawyer Forms of Assistance
Opportunities and Challenges: Non-Lawyer Forms of Assistance in Providing Access to Justice for Middle-Income Earners	p. 145
Middle Income Access to Civil Justice: Implications of Proposals for the Reform of Legal Aid in England and Wales	p. 173
Access to Lawyers
Should Legal Services Be Unbundled?	p. 193
Money Isn't Everything: Understanding Moderate Income Households' Use of Lawyers' Services	p. 222
Legal Services Plans: Crucial-Time Access to Lawyers and the Case for a Public-Private Partnership	p. 246
Reforming the Dispute Resolution Process
Reforming Family Dispute Resolution in Ontario: Systemic Changes and Cultural Shifts	p. 271
Some Reflections on Family Dispute Resolution in Ontario	p. 316
Access to Justice for Small Amount Claims in the Consumer Marketplace: Lessons from Australia	p. 328
Challenges in Small Claims Court Design: Does One Size Fit All?	p. 352
Creating Change and Reform of the Judicial System
Growing Legal Aid Ontario into the Middle Class: A Proposal for Public Legal Expenses Insurance	p. 385
The Options Papers
Middle Income Access to Justice: Policy Options with Respect to Family Law	p. 413
Middle Income Access to Justice: Policy Options with Respect to Employment Law	p. 450
Middle Income Access to Justice: Policy Options with Respect to Consumer and Debtor/Creditor Law	p. 485
Select Bibliography	p. 521
Index	p. 541
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