Category: Slaw Columns

Justice at Tribunals: At the Government’s Whim

Noel Semple

Slaw.ca Access to Justice Column, April 7, 2022

Found online at: https://www.slaw.ca/2022/04/07/justice-in-tribunals-at-the-governments-whim/

Suppose that “JM” is a Canadian person, who believes that their legal rights have been infringed. The problem might have arisen at work, at home, with a corporation, or with some part of the government. JM has tried to resolve the matter privately with the other side, but got nowhere. Next, JM did some online research and perhaps spoke to a lawyer. It turns out there is a public body that’s supposed to make decisions, and uphold rights, in disputes like JM’s.

Continue reading “Justice at Tribunals: At the Government’s Whim” →

Justice in Your Neighbourhood?

Noel Semple

Slaw.ca Access to Justice Column, December 22, 2021

Found online at: http://www.slaw.ca/2021/12/22/justice-in-your-neighbourhood/

I live in Etobicoke, Toronto’s western suburb. We used to have our own courts, right here in the west end. There were family and criminal courts at 40 East Mall, and a Landlord Tenant Board outpost on Dundas Street West. Just over the Humber River, in the original City of Toronto, there was a Small Claims Court on Keele Street (pictured above). People asserting civil rights, or facing criminal charges, could visit a courthouse in their own community.

Nowadays, there isn’t a single physical court or tribunal of any kind in Etobicoke.

Continue reading “Justice in Your Neighbourhood?” →

Building Up the Rule of Law in Ontario – Ministerial Zoning Orders and the Ford Government

Noel Semple

Slaw.ca Column, October 7, 2021

Found online at: http://www.slaw.ca/2021/10/07/building-up-the-rule-of-law-in-ontario-ministerial-zoning-orders-and-the-ford-government/

“Should they really be allowed to put up that building there?!” Land development is controversial, especially in areas that are growing quickly. As someone who is running for office in one such area, I have heard quite a bit about these issues from voters.

The issues are seldom black and white.

Continue reading “Building Up the Rule of Law in Ontario – Ministerial Zoning Orders and the Ford Government” →

What’s Your Procedural Pet Peeve?

Noel Semple

Slaw.ca Civil Procedure Column, August 13, 2021

Found online at: http://www.slaw.ca/2021/08/13/whats-your-procedural-pet-peeve/

Our justice system isn’t all bad, and in some ways it’s getting better. Some things in the system might have to be difficult and complicated, because life is complicated and so is the law. But there are also plenty of things that seem unnecessarily difficult and complicated. I’m talking about things that could be fixed without a lot of controversy or money, just by thinking carefully about how they affect the system’s users.

One that has always irritated me is Rule 4 (“Court Documents”) in Ontario’s Rules of Civil Procedure. It lays out all of the technical requirements for documents used in Ontario actions and applications. (I dare you to read it through.)

Continue reading “What’s Your Procedural Pet Peeve?” →

Standards, Rules, and Law’s Quest for Certainty

Noel Semple

Slaw.ca Access to Justice Column, June 11, 2021

Found online at: http://www.slaw.ca/2021/06/11/standards-rules-and-laws-quest-for-certainty/

Law should be drafted in a way that prevents litigation. Statutes, regulations, and precedents should ideally let people predict the decisions that legal authorities would make, if presented with certain facts. If the “shadow of the law” is sharp and clear, then people can avoid and resolve disputes instead of spending time and money litigating over them.

Often, however, it is difficult to create law that both keeps people out of court, and ensures that the resolutions they reach out of court are fair and just.

Continue reading “Standards, Rules, and Law’s Quest for Certainty” →