Know How, the blog of the Great Library

One to Watch – Ontario Bill 161, Smarter and Stronger Justice Act, 2019

The Smarter and Stronger Justice Act, 2019 (Bill 161) was introduced late last year by Attorney General Doug Downey. The stated aim of this ambitious 80-page package of reforms is to simplify Ontario’s complex and outdated justice system. If passed, the bill will make changes, large and small, to over 20 acts impacting the courts, legal aid, legal practice and regulation.

Here are a few key Bill 161 amendments:

Class Proceedings Act (Schedule 4)

introduces a more rigorous certification test, new provisions for approval of third-party funding, coordination of multi-jurisdictional actions, administrative dismissal of dormant proceedings, and procedural changes relating to appeals, carriage motions and settlement and counsel fee approvals

Commissioners for the Taking of Affidavits Act (Schedule 5)

allows for virtual (remote) commissioning of documents

Estates Act (Schedule 9)

introduces a simplified probate process for small estates

Law Society Act (Schedule 14)

grants the Law Society of Ontario the authority to regulate firms, in addition to regulating lawyers and paralegals individually

Notaries Act (Schedule 19)

allows paralegals to be appointed as notaries

A complete summary of amendments can be found in the Explanatory Note to Bill 161.

Legal organizations, academics and practitioners have already responded to various aspects of the bill. See for example:

Jasminka Kalajdzic, One Step Forward, Two Steps Back: Commentary on Proposed Changes to Ontario’s Class Proceedings Act (Class Action Clinic, Windsor Law, December 10, 2019)
Law Commission of Ontario, LCO responds to Bill 161 (January 22, 2020)
Law Society of Ontario, Ontario introduces legislative amendments to enhance public protection (Gazette, December 17, 2019)
Radhika Sharma, Bill 161: The Smarter and Stronger Justice Act – How Ontario’s new legal aid bill will impact Parkdale (Obiter Dicta, January 21, 2020)

Since Bill 161 received first reading on December 9, 2019, just days before the Legislature adjourned for its winter break, it has thus far not been debated in the House or Committee. But MPPs return to work today, so stay tuned.

Legal Research Survival Guide, Part 10 – Lifelines and Last Tips

In this last installment of our Legal Research Survival Guide, we’d like to leave you with some final tips and advice for surviving, and thriving, during your time as an articling, LPP or summer student.

Divorce Act & Bill C-78 – Unofficial Consolidation

Now available: an unofficial consolidation of the Divorce Act & Bill C-78.

A handy unofficial version of the Divorce Act that incorporates the pending changes in Bill C-78 is now available for free. The consolidation was created by B.C. family law arbitrator and author, John-Paul Boyd and announced on Slaw this week.

While commonly referred to as “The New Divorce Act”, Bill C-78 is officially cited as “An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act”, S.C. 2019, c. 16. The act significantly amends, but does not replace the current Divorce Act.

Boyd’s consolidated version will fill an important research need until the Bill C-78 changes take effect and are incorporated into the official consolidation of the Divorce Act on Justice Laws. Currently these amendments are listed separately following the text of the Divorce Act, under the heading “Amendments Not In Force”.