The good thing LEGAL AID ONTARIO helps low income people defend themselves in Court.
The bad is when Legal Aid Ontario goes overboard:
In 2011 ONSC 7476 (CanLII)<SUP id=cite_ref-6 class=reference>[6]</SUP> the Honourable Mr. Justice Pazaratz issued a 74 paragraph cost award of $11,500 against a mother whom was funded by Legal Aid Ontario. In the case the Honourable Mr. Justice Pazaratz identified a common pattern of behaviour unaddressed by the Ontario Ombudsman and Legal Aid Ontario:
The bad is when Legal Aid Ontario goes overboard:
In 2011 ONSC 7476 (CanLII)<SUP id=cite_ref-6 class=reference>[6]</SUP> the Honourable Mr. Justice Pazaratz issued a 74 paragraph cost award of $11,500 against a mother whom was funded by Legal Aid Ontario. In the case the Honourable Mr. Justice Pazaratz identified a common pattern of behaviour unaddressed by the Ontario Ombudsman and Legal Aid Ontario:
58. The dynamics on this file are all too common, and cry out for judicial awareness. In a troubled economy we are seeing more self-represented parties in Family Court, and certainly more people with limited finances. Inevitably, these ingredients create greater strains on the administration of justice. Combined with limited judicial resources, the need to encourage settlement and discourage inappropriate behaviour by litigants has never been more pressing.
59. But combining a “free lawyer” with a perceived immunity from costs is a dangerous mix. Dangerous for opposing litigants. Dangerous for children, whose lives are needlessly disrupted by bitter and unnecessary litigation. And dangerous for a Family Court system whose resources are already strained.
60. In the case at bar, the Applicant conducted herself as if her Legal Aid certificate amounted to a blank cheque – unlimited resources which most unrepresented Respondents would be hard-pressed to match. A scheduled 3-4 day trial turned into 17 days, largely because the Applicant fought every issue and pursued every dubious allegation, to the bitter end. She appeared to make up evidence and allegations as she went along. She defied court orders directly impacting on the child, even while the trial was underway. There have to be consequences. Either we sanction this irresponsible and destructive behaviour, or we invite more of the same.
NOW
Legal Aid is taking any person that claims "domestic abuse " and represents them before there is even a Court Action.
In effect a taxpayer funded agency with unlimited litigation funding will win against some poor sod who just wants to see the kid(s).
The poor sod will have to pay the Legal Aid Ontario Court Costs when the sod eventually loses
There is nothing in the "LEGAL AID ACT" about getting separating couples to deal with matters themselves to avoid Court as in Family Law. Legal Aid Ontario has a scorched earth policy in Family Matters
Although LEGAL AID ONTARIO has free mediators for there clients to use and patting themselves on the back for their latest initiative below
Tell us what you think about our conflict management program for family law
Monday, April 28, 2014
In reality Legal Aid Ontario doesn't practise what is preachers
59. But combining a “free lawyer” with a perceived immunity from costs is a dangerous mix. Dangerous for opposing litigants. Dangerous for children, whose lives are needlessly disrupted by bitter and unnecessary litigation. And dangerous for a Family Court system whose resources are already strained.
60. In the case at bar, the Applicant conducted herself as if her Legal Aid certificate amounted to a blank cheque – unlimited resources which most unrepresented Respondents would be hard-pressed to match. A scheduled 3-4 day trial turned into 17 days, largely because the Applicant fought every issue and pursued every dubious allegation, to the bitter end. She appeared to make up evidence and allegations as she went along. She defied court orders directly impacting on the child, even while the trial was underway. There have to be consequences. Either we sanction this irresponsible and destructive behaviour, or we invite more of the same.
NOW
Legal Aid is taking any person that claims "domestic abuse " and represents them before there is even a Court Action.
In effect a taxpayer funded agency with unlimited litigation funding will win against some poor sod who just wants to see the kid(s).
The poor sod will have to pay the Legal Aid Ontario Court Costs when the sod eventually loses
There is nothing in the "LEGAL AID ACT" about getting separating couples to deal with matters themselves to avoid Court as in Family Law. Legal Aid Ontario has a scorched earth policy in Family Matters
Although LEGAL AID ONTARIO has free mediators for there clients to use and patting themselves on the back for their latest initiative below
Tell us what you think about our conflict management program for family law
Monday, April 28, 2014
In reality Legal Aid Ontario doesn't practise what is preachers
I want opinions and strategy's for how to deal with this steamroller of an Public Funded Organization and any experience stories would be nice
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