The rise of self-representation in Canada’s family courts: The complex picture revealed in surveys of judges, lawyers and litigants

Rachel Birnbaum, Nicholas Bala, Lorne Bertrand

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

This article reports on four interrelated studies on self-representation by family litigants: a study of family litigants in Ontario; a survey of perceptions of lawyers in Ontario and Alberta; and a study of Canadian judges. There has clearly been an increase in self-representation in family cases. Lack of financial resources is the most significant reason for selirepresentation, but a significant number of the selirepresented do not believe that they will have worse outcomes without a lawyer. Lawyers and judges report significant concerns about lack of representation, including fewer settlements and a slower process, with corresponding increased expenses for a represented party.

Original languageEnglish
Title of host publicationMarital Rights
Subtitle of host publicationThe Library of Essays on Family Rights
PublisherTaylor and Francis
Pages415-443
Number of pages29
ISBN (Electronic)9781351559188
ISBN (Print)9781472465740
DOIs
StatePublished - 1 Jan 2017
Externally publishedYes

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