Timely resolution of legal disputes is not merely an ideal in law; it is a vital necessity for families who are undergoing the traumatic process of divorce. In Ontario, the increasing delays in the court system are wreaking havoc on people who need a legal remedy, particularly when it comes to critical issues such as parenting arrangements, child support, and the division of property. The ideal of swift justice is now out of reach, as court backlogs continue to mount, undermining the ability of families to move forward and rebuild their lives following a break-up.
The delays within Ontario’s family courts have reached crisis levels, with mounting evidence that justice is not being served in a timely manner. For many separating spouses, the legal system is supposed to provide clarity, closure, and a pathway forward. However, when divorce proceedings drag on for years due to a strained judicial system, it only exacerbates the emotional and financial toll on families and children. Parents are left in limbo, uncertain about childcare arrangements and support obligations. Spouses remain trapped in their home together because their marital assets are in dispute and they cannot access a judge to settle their affairs and move on with their lives.
Statistical data on court backlogs in Ontario underscores the scale of the crisis. In 2021-2022, the courts faced over 67,000 cases pending resolution. 67,000 x 2 persons per case = 134,000 people waiting for their case to be solved. These delays mean separating families have to endure prolonged uncertainty, often leading to heightened stress, prolonged financial strain, and more conflict between the parties.
The legal principle “justice delayed is justice denied” resonates particularly strongly in the context of divorce.
Former Supreme Court of Canada Justice Rosalie Abella once stated “Process may be the obstacle to justice when litigation becomes governed more by rules than by outcomes. Excessive procedural complexity, compounded by legal costs, discourages claimants from pursuing legitimate rights and contributes to a growing reliance on private arbitration. The system, once designed to protect rights and resolve disputes, is now widely seen as inaccessible, prohibitively expensive, and slow.”
In Hryniak v. Mauldin, 2014 SCC 7, Supreme Court of Canada Justice Karakatsanis stated “Ensuring access to justice is the greatest challenge to the rule of law in Canada today. Trials have become increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they are sued, and cannot afford to go to trial.”
As Steve Benmor puts it: “When couples cannot resolve their issues, it can have profound consequences for all involved – especially children. Parents may face a situation where they are unable to fully plan for their children’s future, secure new housing, choose schools, purchase a new home, or begin a new chapter in their lives because of the extreme court delays. What should be a process of summarily establishing new boundaries and responsibilities, instead becomes a drawn-out battle that harms everyone.”
The frustration that has arisen from protracted court proceedings has led to a loss of faith in and abandonment of the judicial system resulting in many spouses reaching for other means to resolve their issues. That is the reason for the popularity of Med/Arb.
If you have any questions or wish to schedule an intake meeting, please contact Susanna Akpan susanna@benmor.com
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