Category: Access to Justice Page 9 of 17

By: Sarah Burton

PDF Version: What Happens when a Self-Rep Steps on a Procedural Landmine during Judicial Review

Case Commented On: Raczynska v Alberta Human Rights Commission, 2015 ABQB 494

The Alberta Court of Queen’s Bench recently rejected an application to judicially review the dismissal of a meritorious human rights claim. Why? The self-represented applicant did not name and serve the correct respondent on time. The fatality of this misstep would have been reasonably evident to any lawyer familiar with the Rules of Court, Alta Reg 124/2010 and case law governing judicial review. For self-represented litigants, however (and particularly those coming from the relatively forgiving forum of the Alberta Human Rights Commission) this is just one of the endless procedural landmines that can destroy their claim.

Expensive, Complex Appeals from Residential Tenancy Dispute Resolution Service Orders

By Jonnette Watson Hamilton

On July 16, 2015

In Access to Justice, Landlord/Tenant, Property

By: Jonnette Watson Hamilton

PDF Version: Expensive, Complex Appeals from Residential Tenancy Dispute Resolution Service Orders

Case Commented On: Nee v Ayre & Oxford Inc, 2015 ABQB 402 (CanLII)

The decision by Justice Donald Lee in Nee v Ayre & Oxford Inc is one of several decisions that he has made dismissing tenants’ appeals of Residential Tenancies Dispute Resolution Service (RTDRS) orders because the tenant failed to file a transcript of the oral hearing that took place before an RTDRS officer. This decision builds on Justice Lee’s prior judgment in Herman v Boardwalk Rental Communities, 2011 ABQB 394 (CanLII), as it reproduces twelve paragraphs of his Herman decision to provide the reasons for dismissing Ms. Nee’s appeal. It is also very similar to Justice Lee’s decisions in Zibrowski v Nicolis, 2012 ABQB 236 (CanLII). Although Nee v Ayre & Oxford Inc does not make any new legal points, it is worth a post because it once again highlights how complex and expensive appeals from RTDRS orders are, especially for many self-represented litigants who are, after all, the people for whom the RTDRS process was designed.

What exactly does that complex and expensive appeal process entail?

Law Students, Legal Services, and Access to Justice

By Eleanor Carlson

On July 2, 2015

In Access to Justice

By: Eleanor A. Carlson

PDF Version: Law Students, Legal Services, and Access to Justice

Legislation and Rules Commented On: Legal Profession Act, RSA 2000, c L-8; Rules of the Law Society of Alberta; Law Society of Alberta Code of Conduct

In June, an ABlawg post reviewed the decision of R v Hanson, 2015 ABPC 118, written by Judge Gaschler. The judgment included an analysis of Calgary based court agent Emmerson Brando’s personal history, his ability to appear as agent on behalf of his client, and the factors that should be considered in making this decision. Judge Gaschler denied Mr. Brando’s leave to appear, finding that to do so would undermine the integrity of the justice system due in part to Mr. Brando’s criminal past as well as the deceptive information found on Mr. Brando’s website where he advertised his agent services (at paras 21 & 22). In their blog post (read the post here), Heather White and Sarah Burton discuss Judge Gaschler’s decision in relation to the unregulated nature of agents and paralegals in Alberta, access to justice, and the disparity in the quality of justice for the those who can afford lawyers and those with lower incomes who cannot. They conclude with the hope that Judge Gaschler’s decision will facilitate a conversation surrounding the regulation of agents in Alberta. In this post, I highlight an additional important player in the conversation surrounding the provision of legal services by non-lawyers and access to justice, the Alberta law student.

Entering the Fray for Self-Represented Litigants

By Ian Pillai

On June 22, 2015

In Access to Justice, Criminal

By: Ian Pillai

PDF Version: Entering the Fray for Self-Represented Litigants

Case Commented On: R v Crawford, 2015 ABCA 175

Judicial interventions are common in trials involving self-represented litigants, especially in family and civil courts. According to a report authored by Dr. Julie Macfarlane in 2013, self-represented litigants face a range of negative consequences as a result of representing themselves, including “descriptions of negative experiences with judges, some of which suggest basic incivility and rudeness.” However some judicial interventions are more positive, such as advice on court procedure or coaching on presentation. (The National Self-Represented Litigants Project: Identifying and Meeting the Needs of Self-Represented Litigants at 13) Judges find themselves in a difficult position when one party is represented by counsel, and the other is not. Some interventions are necessary.

Although the accused in Her Majesty the Queen v Kimani Gavin Crawford, 2015 ABCA 175, was not a self-represented litigant, the case is interesting because the Alberta Court of Appeal ordered a new trial on the grounds that the trial judge’s numerous interruptions rendered the trial unfair. The multiple interventions by the court led to the appearance that the trial judge had entered the fray and left judicial impartiality behind (at para 7).

Agent Regulation: The Case of Emmerson Brando (AKA Arturo Nuosci, AKA Maverick Austin Maveric, AKA Landon Emmerson Brando)

By Sarah Burton

On June 15, 2015

In Access to Justice, Criminal

By: Heather White & Sarah Burton

PDF Version: Agent Regulation: The Case of Emmerson Brando (AKA Arturo Nuosci, AKA Maverick Austin Maveric, AKA Landon Emmerson Brando)

Case Commented On: R v Hansen, 2015 ABPC 118

On May 12, 2015, CBC news reported that Emmerson Brando – a well-known Calgary-based court agent – had an extensive criminal history (Meghan Grant, “Emmerson Brando’s criminal past outlined in Calgary court memo” CBC News (12 May 2015) (“CBC News”). This was of great interest to the Calgary Bar owing to his regular appearances in court. Mr. Brando had served 90 days in Canadian jail and 33 months in U.S. prison for offences including fabricating evidence, fraud, identity theft, misuse of a social security number, and making a false statement in a passport application (CBC News). Upon completing his sentence in the United States, Mr. Brando was deported back to Canada, where he set up practice as an agent in Ontario. A few years ago, Mr. Brando moved his practice to Alberta where paralegals are not regulated (CBC News).

Once Mr. Brando’s criminal history was uncovered, Chief Crown counsel Lloyd Robertson, Q.C., brought an objection to Mr. Brando being given leave to represent a client at an upcoming trial. The resulting decision, R v Hansen, 2015 ABPC 118, written by Judge Gaschler, provides a thorough analysis of Brando’s criminal history and the way in which it affects the Court’s willingness to grant him leave to appear as an agent. After a careful review of the circumstances, Judge Gaschler held that Mr. Brando’s appearance would undermine the integrity of the justice system, and denied him leave to appear as an agent (at para 29).