An increase in the number of complex trials and jury trials, plus a chronic judge shortage caused delays for civil and family trials in B.C. Supreme Court last year. Read More
Chronic shortage of judges adds to delays and bumping of trials, according to 2024 annual reports for B.C. Supreme Court and Appeal Court
Chronic shortage of judges adds to delays and bumping of trials, according to 2024 annual reports for B.C. Supreme Court and Appeal Court
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An increase in the number of complex trials and jury trials, plus a chronic judge shortage caused delays for civil and family trials in B.C. Supreme Court last year.
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The court’s 2024 annual report cites 863 trials that went ahead, but 116 were cancelled — a 13.4 per cent rate.
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“That means that one out of seven cases don’t get heard,” said Greg Phillips, a civil litigator and president of the Trial Lawyers Association of B.C.
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Usually, when cases get bumped due to the lack of a judge, a courtroom or sheriffs, it happens the day the trial was scheduled to begin, he said. It means the $50,000 to $60,000 that parties have had to spend on expert reports and other trial preparations will have to be repeated when the trial is rescheduled, typically 12 to 18 months later.
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“Plus, there’s the emotional toll because it takes a lot of guts to appear in B.C. Supreme Court, to get yourself ready for that,” he said. “When they’re bumped, it’s extremely distressing to plaintiffs.”
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Phillips agreed with Chief Justice Ronald Skolrood’s statement in the report that the increasing complexity of court cases requires more judicial, administrative and court resources, and puts a strain on courtroom availability, court clerks and sheriffs.
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Phillips says the court system is underfunded and needs more judges and resources, such as support staff and updated modern equipment in courtrooms, to fix the problem.
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The number of complex criminal cases has risen over the past five years to a record 29 last year, compared to 19 in 2023 and 16 in 2020, according to the annual report.
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Complex cases include those that involve several accused; serious charges such as murder, organized crime or terrorism; large amounts of evidence, such as wiretaps, digital records and other seized property; numerous pretrial applications and voir dire hearings; or special courtroom security requirements, according to the report.
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“The high demands of these cases reduce the resources available for the court’s other work,” said Skolrood.
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Criminal trials are rarely bumped because of court-ordered deadlines that, if not met, can result in dismissal of charges. So almost all bumped trials are for civil and family cases — primarily divorce and child custody cases.
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The bumping of trials can be a hardship for clients, said UBC law professor Salima Samnani, who represents mostly Indigenous clients and women leaving abusive relationships.