Lawyer Monthly Magazine - September 2021 Edition

Breaking the Family Litigation Backlog Canada, and many other developed countries besides, is struggling under a backlog of criminal and civil cases awaiting their date in court. This has had a knock-on effect for family law, adding unneeded stress to couples and parents during some of the most difficult times of their lives. This month, we have the pleasure to hear from Laura Bruyer and Tiffany Stokes of Bruyer & Mackay LLP, who have a vision for how the legal profession can rise to meet this challenge. In this article they explore the factors behind the case backlog and how its adverse effects on families in Canada can be mitigated, while also drawing upon Laura’s own career development and Bruyer & Mackay’s plans for future progress. - job of reviewing family law and trying to implement processes to address the backlog, but it is very challenging because the wave of clients is unrelenting. What impact have escalating trial delays had on the parents and spouses caught up in them? More than anything, it contributes to animosity between parents and spouses. Litigation is stressful and overwhelming at the best of times, much less when it is dealing with your everyday life – your children, your finances, and your property. Many clients feel the need to continue to “gather evidence” and be hyper-vigilant toward the other parent or party. Families have trouble healing and working together positively when they have a “litigation cloud” hanging over their heads. Even before 2020 there was an immense glut of family law cases in the Canadian legal system, with years-long pipelines for custody trials in some provinces. How did this backlog come about? There is no one cause that you can blame for the backlog. Changes in the economy, whether good or bad, create work for family lawyers. Many of our clients are competing for limited trial time at the courthouse because there are also other areas of law that need it. Many cases that go to trial require several days of trial time, which adds to the time it takes to get before a judge. Hiring a family lawyer is an expensive step, and there may be times when a client has to self-represent, which can cause delays as they try to navigate a complex system on their own. Our courts have done an excellent