Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
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2 www.lexpert.ca Editorial fortuna favet fortibus ISSUE 24.06 > NOVEMBER MANAGING EDITOR Tim Wilbur SENIOR EDITOR Zena Olijnyk EDITOR Aidan Macnab PRODUCTION PROCESS LEAD Alina Leigh PRODUCTION EDITORS Wen-Ching Shang, Christina Jelinek WRITERS Carolyn Gruske, Bernise Carolino, Angelica Dino, Kiezzsa Cruz, Lucy Saddleton DESIGNER Khaye Cortez PRESIDENT Tim Duce BUSINESS DEVELOPMENT DIRECTOR Lynda Fenton DIGITAL DEVELOPMENT DIRECTOR Kevin Shields SENIOR BUSINESS DEVELOPMENT MANAGER Steffanie Munroe BUSINESS DEVELOPMENT MANAGER Jacquie Rankin ACCOUNT EXECUTIVE Matthew Oriel Lexpert Special Edition Magazine is published six times a year. KEY MEDIA and the KEY MEDIA logo are used under licence by KM Business Information Canada Ltd. LEXPERT is a trademark of KM Business Information Canada Ltd. KM Business Information Canada Ltd 317 Adelaide Street West, Suite 910 Toronto, ON M5V 1P9 Tel: (416) 609-8000 Fax: (416) 609-5840 Website: www.lexpert.ca All rights reserved. Contents may not be reprinted without written permission. Lexpert® Magazine is printed in Canada. PUBLICATION MAIL REGISTRATION NO. 41261516. ISSN1488-6553 Copyright© KM Business Information Canada Ltd All rights reserved. GST/HST#: 79989 8465 RC-0001 EDITORIAL INQUIRIES tim.wilbur@keymedia.com SUBSCRIPTIONS/ADDRESS CHANGES Contact: Donnabel Reyes at (647) 374-4536 ext. 243 or email donnabel.reyes@keymedia.com. To change your subscription address, please send your new address along with a copy of your mailing label(s) to the Subscription Dept., at the address indicated above. For all other circulation inquiries, please email Donnabel Reyes. W hile the pandemic caused massive disruption, it forced courts to innovate and better adopt technology. is shi was fast in many ways but required courts to prioritize. Criminal and family law matters were dealt with most urgently – as they should have been. Unfortunately, though, this meant other matters were delayed even more, pushed to the bottom of the list, and causing longer delays than pre-pandemic. e severity of delay-related problems is why e Advocates' Society, a group of litigators across Canada, issued a call-to-action report entitled Delay No Longer. e Time to Act Is Now (p. 8). As the report highlights, commercial disputes were among the biggest losers in the triaging done by courts. "ere's a huge societal cost to all of this. One of the primary functions of the courts is to allow businesses to function and settle disputes. When that doesn't happen, it impacts the ability of the economy to operate," says Craig Ferris at Lawson Lundell LLP (p. 4). Rather than waiting for years to resolve their disputes, businesses oen look outside the court system. Construction disputes are a prime example where quick resolution can help keep a project on track. "e parties to construction projects are not very frequently turning to the courts and are far more oen relying on alternative dispute resolution or private arbitration to deal with the disputes that arise on their projects," says Andrew Parley at Lenczner Slaght LLP (p. 18). Some business disputes still need to use the courts – such as class actions that can involve thousands of parties. For these disputes, judges are helping to avoid a flood of cases by being more selective in the certification stage. "e courts are taking up the direction from the Supreme Court of Canada about grap- pling with tough legal issues and trying to decide those on an early basis, rather than letting cases drag on," says Michelle Maniago at Borden Ladner Gervais LLP (p. 13). Lawyers oen use the word "crisis" when describing the state of court delays. is is not hyperbole. While efficient commercial disputes are not the courts' main priority, this issue can't be ignored. e proper functioning of our economy depends on it. Tim Wilbur, managing editor Court delays hurt business