Simple Divorce Papers

Justice John Gomery, he of the Gomery Inquiry fame, recently took the opportunity of his speech at his retirement party to criticize the large fees charged by lawyers. Due to these high costs, accessing the legal system has become very difficult for all but the very rich, or the very poor, who can receive free legal representation through tax-funded legal aid programs.

“At some point you are going to have to put pressure on the legal profession to curb legal fees. They are beyond the reach of the ordinary man. This has got to be addressed, because a tremendous portion of the population is disenfranchised,” Gomery said.

Beverly McLachlin, chief justice of the Supreme Court, has also complained about how high legal costs prevent many Canadians from exercising their legal rights: “Access to justice is quite simply critical. Unfortunately, many Canadian men and women find themselves unable, mainly for financial reasons, to access the Canadian justice system.”

This problem has been almost ignored by government and lawyers. Lawyer’s fees continue to rise, reaching hundreds of dollars per hour in some situations. Some agree to take a few cases pro bono (no fee) but these are few and far between. Some provincial governments have raised the amount of money people may claim in small claims courts but this also makes it more attractive for lawyers to become involved. Small claims court rules are more relaxed, theoretically to relieve the parties from needing a lawyer to represent them. However, if one side has a lawyer and the other does not, the first has a significant advantage.

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