Justice David Brown of the Ontario Superior Court of Justice isn’t shy about criticising what he sees as problems with the civil justice system. In Kaptyn v Kaptyn, 2011 ONSC 542, he lambasted the parties’ waste of court time in a four-day trial that involved 14 pre-trial motions and racked up $4.4 million in costs; then in Romspen Investment Corp v 617666 Canada Ltée, 2012 ONSC 1727, he characterised ‘the systemic failures and delay’ of the court’s document-management and case-scheduling systems as ‘a scandal’. In George Weston Ltd v Domtar Inc, 2012 ONSC 5001, Brown J decries a ‘motions culture’ which prefers to consume chronically scarce judicial resources with process-related skirmishes instead of proceeding to an actual trial on the merits. Hearing two matters together in George Weston, Justice Brown declined to schedule summary judgment motions for either of them, imposing timetables to get things ‘moving ... along to final adjudication’.

[Link available here, here and here].