Middle Income Access to Justice

Michael J. Trebilcock is a university professor emeritus of law and economics at the University of Toronto. Anthony Duggan holds the Honourable Frank H. Iacobucci Chair in the Faculty of Law at the University of Toronto. Lorne Sossin is Dean of Osgoode Hall Law School at York University.

Foreword

The Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada


List of Contributors


Part 1: Introduction

Michael Trebilcock (University of Toronto), Anthony Duggan (University of Toronto), and Lorne Sossin (Dean of Osgoode Hall Law School)


Part 2: Defining the Problem – What are the Unmet Legal Needs?


Chapter 1: Caught in the Middle: Income, Justiciable Problems and the Use of Lawyers

Pascoe Pleasance (University College London) and Nigel J. Balmer (University College London)


Chapter 2: The Ontario Civil Needs Project: A Comparative Analysis of the 2009 Survey Data

Jamie Baxter, Michael Trebilcock, and Albert Yoon (University of Toronto)


Part 3: “Front-End” Proactive Solutions


Chapter 3:Front-End Strategies for Improving Consumer Access to Justice

Anthony Duggan (University of Toronto) and Iain Ramsey (University of Kent)


Part 4: Non-Lawyer Forms of Assistance


Chapter 4: Opportunities and Challenges: Non-Lawyer Forms of Assistance in Providing Access to Justice for Middle-Income Earners

Russell Engler (New England Law)


Chapter 5: Middle Income Access to Civil Justice: Implications of Proposals for the Reform of Legal Aid in England and Wales

Roger Smith


Part 5: Access to Lawyers


Chapter 6: Should Legal Services be Unbundled?

Samreen Beg and Lorne Sossin


Chapter 7: Money Isn’t Everything: Understanding Moderate Income Households’ Use of Lawyers’ Services

Rebecca Sandefur (American Bar Foundation)


Chapter 8: Legal Services Plans: Crucial Time Access to Lawyers and the Case for a Public-Private Partnership

Paul Vayda (CAW Legal Services Plan) and Stephen Ginsberg (CAW Legal Services Plan)


Part 6: Reforming the Dispute Resolution Process


Chapter 9: Reforming Family Dispute Resolution in Ontario: Systemic Changes and Cultural Shifts

Nicholas Bala (Queen's University)


Chapter 10: Commentary on Bala

Justice George Czurtin (Justice of the Superior Court of Justice - Ontario)


Chapter 11: Access to Justice for Small Amount Claims in the Consumer Marketplace: Lessons from Australia

Justin Malbon (Monash University)


Chapter 12: Challenges in Small Claims Court System Design: Does One Size Fit All?

Shelley McGill (Deputy Judge of the Ontario Small Claims Court)


Part 7: Creating Change and Reform of the Justice System


Chapter 13: Growing Ontario Legal Aid into the Middle Class: A Proposal for Public Legal Expenses Insurance

Sujit Choudry (University of Toronto), Michael Trebilcock, and James Wilson


Part 8: The Options Papers


Noel Semple (York University) and Carol Rogerson (University of Toronto), Middle Income Access to Justice: Policy Options with respect to Family Law


Judith McCormack (University of Toronto) and Azim Remani (University of Toronto), Middle Income Access to Justice: Policy Options with Respect to Employment Law


Anthony Duggan, Azim Remani and Dennis Kao (Sidley Austin LLP), Middle Income Access to Justice: Policy Options with respect to Consumer and Debtor-Creditor Law


Part 9: Select Bibliography