But there may be behind-the-scenes complicating factors
From this week’s AdvocateDaily:
A family court judge known for his strongly worded decisions is critiquing litigants who find little incentive to settle because they are funded by legal aid, says Ottawa family lawyerÂ Timothy N. Sullivan.
While Sullivan, principal ofÂ SullivanLaw, says Justice Alex Pazaratz is right in pointing out such flaws, there are always factors behind the scenes that may force parties to litigate.
â€œThe judge is correct to say there is no financial incentive to settle when youâ€™re legally aided, but thereâ€™s also no other recourse for someone who may be abused than to go to court and, if itâ€™s not criminal,Â askÂ for aÂ civil restraining order,â€ Sullivan tellsÂ AdvocateDaily.com.
â€œMany of these cases are clogging up the system, we have people accused of murder having charges stayed because they canâ€™t get to a judge on time, but we have people legally aided, whoÂ feel desperate and have no other recourse than to go to court.â€
In the recent ruling from Pazaratz â€“ who also wrote a decision known as â€œBreaking Bad Parentsâ€ â€“ he bemoans taxpayer-funded cases that should be settled out of court instead of racking up costs and court time.
â€œThe next time anyone at Legal Aid Ontario tells you theyâ€™re short of money, donâ€™t believe it. It canâ€™t possibly be true. Not if theyâ€™re funding cases like this,â€ he wrote.
To read the full article, and others by Timothy Sullivan, visit AdvocateDaily.