General civil Family Total

Transcription

1 Table 1 Civil court cases by level of court and type of action, 2005/2006 Level of court and type of action Superior Provincial/territorial and case type civil Family civil Family civil Family Initiated cases 7,967 5,572 13,539 5,965 1,775 7,740 13,932 7,347 21,279 Active cases 16,549 12,561 29,110 8,271 3,789 12,060 24,820 16,350 41,170 Initiated cases 47,190 13,897 61,087 17,034 11,814 28,848 64,224 25,711 89,935 Active cases 81,106 27, ,739 28,879 29,128 58, ,985 56, ,746 Initiated cases Active cases , ,614 Nunavut 1 Initiated cases Active cases Initiated cases 55,619 20,134 75,753 23,216 13,700 36,916 78,835 33, ,669 Active cases 2 98,542 41, ,816 37,504 33,121 70, ,046 74, ,441 Initiated cases Active cases Initiated cases Active cases Initiated cases Active cases Nunavut 1 Initiated cases Active cases Initiated cases Active cases not applicable 1. Nunavut has only one level of court, the Nunavut Court of Justice, which combines the power of the superior trial court and the territorial court. 2. Active cases include all cases with activity during the year and thus include initiated cases.

2 Table 2 Active family cases by type of family action and level of court, 2005/2006 Type of family action 1 and level of court Access Child protection Child support Custody Divorce Guardianship Other 2 Unknown Superior , , ,561 Provincial , , , , , ,350 3 Superior , ,445 23,895 27,633 Provincial 693 1,924 2,269 1, ,507 3,752 17,926 29, ,933 2,330 1,118 1,026 1,616 6,197 41,821 56,761 Superior Territorial Nunavut Superior , ,295 23,895 41,274 Provincial 696 2,450 2,279 1, ,507 7,167 17,926 33, ,229 2,368 1,173 6,985 1,629 16,462 41,821 74,395 Superior Provincial Superior Provincial Superior Territorial Nunavut Superior Provincial Primary family subject for the case is reported. The Civil Court Survey is designed to collect more than one type of family action associated with a case event. For example, when a case involves divorce, custody and access, each of these subjects can be recorded by the survey. However, only the primary subject (that which is recorded in the first family subject field) is used to classify the case. As a result, some subjects may be underrepresented. 2. Other includes: Separation, Spousal/partner support, Unspecified support, Enforcement, Property, Parentage, Adoption, Civil Protection, Estate Matters and Other family - which includes all family action types in a jurisdiction that do not fit into the categories specifically collected by the survey. It is the "other family" category that makes up the majority (89%) of this count. 3. While the type of action information is available from s court information system, the source used to provide this information to the Civil Court Survey is not mandatory and therefore data entry personnel may not always enter the information in their system. 4. Nunavut has only one level of court, the Nunavut Court of Justice, which combines the power of the superior trial court and the territorial court.

3 Table 3 Active general civil cases by type of general civil action and level of court, 2005/2006 and level of court Bankruptcy Collection Other contract 1 Type of general civil action Motor vehicle Other tort 2 Probate Other civil 3 Unknown Superior 9 2,321 1,530. 4,787 4,231 3, ,549 Provincial 2,132 2,824 1, ,936. 8,271 2,141 5,145 2,880. 4,815 4,232 5, ,820 4 Superior 6, ,272 27,664 1,105 10,176 12,101 16,113 81,106 Provincial 2 1, ,371 15,967 28,879 6,756 2,025 6,995 28,345 1,136 10,176 22,472 32, ,985 Superior Territorial Nunavut Superior 6,798 3,426 7,943 27,775 5,946 14,543 15,998 16,113 98,542 Provincial 2,134 4,242 2, ,312 15,967 37,504 8,932 7,668 10,041 28,460 6,011 14,544 28,310 32, ,046 Superior Provincial Superior Provincial Superior Territorial Nunavut Superior Provincial Other contract includes: Landlord/tenant, Employment, Mortgage foreclosure, Lien, Other contract and Unknown contract. 2. Other tort includes: Malpractice, Defamation, Negligence, Other tort and Unknown tort. 3. Other includes: Administrative law, Enforcement, Adult protection/committeeship, Civil protection, Constitutional/charter, and Other civil - which includes all general civil action types in a jurisdiction that do not fit into the categories specifically collected by the survey. It is the "other civil" category that makes up the majority (98%) of this count. 4. While the type of action information is available from s court information system, the source used to provide this information to the Civil Court Survey is not mandatory and therefore data entry personnel may not always enter the information in their system. 5. Nunavut has only one level of court, the Nunavut Court of Justice, which combines the power of the superior trial court and the territorial court.

4 Table 4 Events in active family court cases by type of event, 2005/2006 Type of event Nova Scotia² British Columbia Yukon Territory Nunavut Initiation 1 7,292 25, ,887 Document filing 123, ,191 4,128 2, ,989 Pre-trial hearing 4,361 45, ,033 Referral 2,644 3, ,347 Trial ready 1,144 1, ,521 Adjournment , ,820 Trial hearing 532 4, ,304 Other process event 11,873 18, ,919 Settled by parties Withdrawn/abandoned 114 1, ,088 Dismissed/discontinued 12 3, ,242 Consent judgment , ,275 Default judgment Judgment 18,102 89, ,735 Other disposition event 1, ,832 events 172, ,323 5,686 3, ,902 active cases 16,350 56, ,395 Initiation Document filing Pre-trial hearing Referral Trial ready Adjournment Trial hearing Other process event Settled by parties Withdrawn/abandoned Dismissed/discontinued Consent judgment Default judgment Judgment Other disposition event events The methodology used to calculate the cases initiated count (Table 1) differs from that used to calculate the initiation event count reported here. Therefore, a slight discrepancy between the two figures exists. 2. Events in for Superior Court and Family Court are under-represented due to the addition of a new component in the court information system that is not yet integrated into the Civil Court Survey.

5 Table 5 Events in active general civil court cases by type of event, 2005/2006 Type of event Nova Scotia² British Columbia Yukon Territory Nunavut Initiation 1 13,669 64, ,771 Document filing 94, ,402 5,412 1, ,602 Pre-trial hearing , ,061 Referral Trial ready , ,646 Adjournment , ,535 Trial hearing 169 6, ,763 Other process event 940 5, ,924 Settled by parties 240 1, ,701 Withdrawn/abandoned Dismissed/discontinued 3,070 4, ,308 Consent judgment 643 9, ,430 Default judgment 771 5, ,586 Judgment 1,787 86, ,420 Other disposition event 331 9, ,321 events 118, ,101 7,335 1, ,335 active cases 24, , ,046 Initiation Document filing Pre-trial hearing Referral Trial ready Adjournment Trial hearing Other process event Settled by parties Withdrawn/abandoned Dismissed/discontinued Consent judgment Default judgment Judgment Other disposition event events The methodology used to calculate the cases initiated count (Table 1) differs from that used to calculate the initiation event count reported here. Therefore, a slight discrepancy between the two figures exists. 2. Events in for Superior Court and Family Court are under-represented due to the addition of a new component in the court information system that is not yet integrated into the Civil Court Survey.

6 Table 6 Civil court cases with activity in 2004/2005 and no activity in 2005/2006 by level of court, type of action and year of case initiation Level of court and type of action Superior Provincial/territorial cases and year of case initiation civil Family civil Family civil Family inactive cases in 2005/ ,986 6,041 17,027 6,685 2,232 8,917 17,671 8,273 25,944 Initiated in 2004/2005 5,054 2,319 7,373 4,654 1,103 5,757 9,708 3,422 13,130 Initiated in 2003/2004 2,501 1,858 4,359 1, ,166 4,067 2,458 6,525 Initiated in 2002/2003 1, , ,732 1,179 2,911 Initiated pre-2002/2003 1,921 1,069 2, ,164 1,214 3,378 active cases in 2004/ ,499 11,650 29,149 8,457 3,859 12,316 25,956 15,509 41,465 inactive cases in 2005/ ,491 17,239 71,730 21,139 15,436 36,575 75,630 32, ,305 Initiated in 2004/ ,290 7,140 36,430 10,289 6,494 16,783 39,579 13,634 53,213 Initiated in 2003/ ,996 5,064 18,060 7,244 2,673 9,917 20,240 7,737 27,977 Initiated in 2002/2003 5,348 1,407 6,755 1,851 1,258 3,109 7,199 2,665 9,864 Initiated pre-2002/2003 6,857 3,628 10,485 1,755 5,011 6,766 8,612 8,639 17,251 active cases in 2004/ ,836 27, ,848 31,181 27,248 58, ,017 54, ,277 inactive cases in 2005/ ,021 Initiated in 2004/ Initiated in 2003/ Initiated in 2002/ Initiated pre-2002/ active cases in 2004/ , ,608 Nunavut inactive cases in 2005/ Initiated in 2004/ Initiated in 2003/ Initiated in 2002/ Initiated pre-2002/ active cases in 2004/ inactive cases in 2005/ ,001 23,916 89,917 28,042 17,808 45,850 94,043 41, ,767 Initiated in 2004/ ,611 9,857 44,468 15,083 7,685 22,768 49,694 17,542 67,236 Initiated in 2003/ ,602 7,016 22,618 8,873 3,282 12,155 24,475 10,298 34,773 Initiated in 2002/2003 6,919 2,246 9,165 2,079 1,653 3,732 8,998 3,899 12,897 Initiated pre-2002/2003 8,869 4,797 13,666 2,007 5,188 7,195 10,876 9,985 20,861 active cases in 2004/ ,198 39, ,800 39,978 31,311 71, ,176 70, ,089

7 Table 6 Civil court cases with activity in 2004/2005 and no activity in 2005/2006 by level of court, type of action and year of case initiation (concluded) Level of court and type of action Superior Provincial/territorial cases and year of case initiation civil Family civil Family civil Family inactive cases in 2005/ Initiated in 2004/ Initiated in 2003/ Initiated in 2002/ Initiated pre-2002/ inactive cases in 2005/ Initiated in 2004/ Initiated in 2003/ Initiated in 2002/ Initiated pre-2002/ inactive cases in 2005/ Initiated in 2004/ Initiated in 2003/ Initiated in 2002/ Initiated pre-2002/ Nunavut inactive cases in 2005/ Initiated in 2004/ Initiated in 2003/ Initiated in 2002/ Initiated pre-2002/ inactive cases in 2005/ Initiated in 2004/ Initiated in 2003/ Initiated in 2002/ Initiated pre-2002/ not applicable

8 Table 7 Elapsed time from case initiation to first disposition for active family cases by level of court, 2005/2006 Elapsed time (months) 1 cases with disposition 3, 4 and level of court Less than or equal to 3 3 to 6 6 to to 24 Greater than 24 Superior 2,372 1,127 1, ,729 7,368 12,561 Provincial 1, ,636 3,789 3,626 1,516 1,377 1,259 2,226 10,004 16,350 Superior 7,031 4,175 2,327 1,439 2,964 17,936 27,633 Provincial 7,055 1,840 1,266 1,325 5,891 17,377 29,128 14,086 6,015 3,593 2,764 8,855 35,313 56,761 Superior Territorial Nunavut Superior 9,771 5,402 3,548 2,466 4,805 25,992 41,274 Provincial 8,378 2,231 1,480 1,618 6,415 20,122 33,121 18,149 7,633 5,028 4,084 11,220 46,114 74,395 Superior Provincial Superior Provincial Superior Territorial Nunavut Superior Provincial Calculated only for active cases that had a disposition event, using the date of the first disposition. The event may have taken place prior to the start of data collection and if so it would not be included in this analysis. 2. Nunavut has only one level of court, the Nunavut Court of Justice, which combines the power of the superior trial court and the territorial court. 3. A disposition is a court event that disposes part or all of the civil case (e.g., settlement, interim judgment and judgment). 4. In some instances, for example when the date of initiation for a case is unknown, the elapsed time cannot be calculated. This results in some undercounting. active cases

9 Table 8 Elapsed time from case initiation to first disposition for active general civil cases by level of court, 2005/2006 Elapsed time (months) 1 cases with disposition 3,4 and level of court Less than or equal to 3 3 to 6 6 to to 24 Greater than 24 Superior 1, ,642 5,018 16,549 Provincial ,271 1, ,016 1,658 5,893 24,820 Superior 17,637 2,890 4,033 4,149 6,355 35,064 81,106 Provincial 7,239 3,541 2,885 1, ,091 28,879 24,876 6,431 6,918 5,648 7,282 51, ,985 Superior Territorial Nunavut Superior 19,085 3,399 4,830 5,186 8,114 40,614 98,542 Provincial 7,858 3,828 3,021 1, ,205 37,504 26,943 7,227 7,851 6,736 9,062 57, ,046 Superior Provincial Superior Provincial Superior Territorial Nunavut Superior Provincial Calculated only for active cases that had a disposition event, using the date of the first disposition. The event may have taken place prior to the start of data collection and if so it would not be included in this analysis. 2. Nunavut has only one level of court, the Nunavut Court of Justice, which combines the power of the superior trial court and the territorial court. 3. A disposition is a court event that diposes part or all of the civil case (e.g., settlement, interim judgment and judgment). 4. In some instances, for example when the date of initiation for a case is unknown, the elapsed time cannot be calculated. This results in some undercounting. active cases

10 Table 9 Dispositions in active family cases by type of disposition and level of court, 2005/2006 and level of court Settled by parties Withdrawn/ abandoned Dismissed/ discontinued Type of disposition Consent judgment Other disposition 1 dispositions 2 Judgment Superior , ,417 6,613 12,561 Provincial , ,541 2,435 3, ,102 1,000 19,958 9,048 16,350 Superior ,533 4,659 35, ,374 16,156 27,633 Provincial 83 1,676 1,622 11,275 54, ,351 15,557 29, ,874 3,155 15,934 89, ,725 31,713 56,761 Superior Territorial Nunavut Superior ,616 4,858 50,173 1,008 58,855 23,410 41,274 Provincial 85 1,698 1,626 11,417 58, ,227 18,098 33, ,088 3,242 16, ,735 1, ,082 41,508 74,395 Superior Provincial Superior Provincial Superior Territorial Nunavut active cases with disposition 3 Superior Provincial Other disposition includes: default judgments, time limit expired, transferred to another court and other disposition event. 2. A disposition is a court event that disposes part or all of the civil case (e.g., settlement, interim judgment and judgment). 3. Cases may have more than one type of disposition associated with it. 4. Nunavut has only one level of court, the Nunavut Court of Justice, which combines the power of the superior trial court and the territorial court. active cases

11 Table 10 Dispositions in active general civil cases by type of disposition and level of court, 2005/2006 Type of disposition and level of court Settled by parties Withdrawn/ abandoned Dismissed/ discontinued Consent judgment Default judgment Judgment Other disposition 1 dispositions 2 Superior , , ,016 4,757 16,549 Provincial , , , ,882 5,574 24,820 Superior ,357 6,925 1,529 60,953 4,323 76,583 32,654 81,106 Provincial 1, ,850 2,758 4,162 25,194 5,258 40,766 14,712 28,879 1, ,207 9,683 5,691 86,147 9, ,349 47, ,985 Superior Territorial , Nunavut Superior ,149 7,539 2,327 62,816 4,749 83,210 37,752 98,542 Provincial 1, ,100 2,835 4,250 25,559 5,572 42,169 15,723 37,504 1, ,249 10,374 6,577 88,375 10, ,379 53, ,046 Superior Provincial Superior Provincial Superior Territorial Nunavut Superior Provincial Other disposition includes: default judgments, time limit expired, transferred to another court and other disposition event. 2. A disposition is a court event that disposes part or all of the civil case (e.g., settlement, interim judgment and judgment). 3. Cases may have more than one type of disposition associated with it. 4. Nunavut has only one level of court, the Nunavut Court of Justice, which combines the power of the superior trial court and the territorial court. active cases with disposition 3 active cases