The pangs of dispriz’d love, the law’s delay, The insolence of office, and the spurns…

Cobwebs on fence

For who would bear the whips and scorns of time,

Th’oppressor’s wrong, the proud man’s contumely,

The pangs of dispriz’d love, the law’s delay,

The insolence of office, and the spurns…

(William Shakespeare’s The Tragedy of Hamlet, Prince of Denmark: Act 3, Scene 1: 69-72- ‘to be, or not to be’ soliloquy)

[96]    I wish to conclude with an expression of concern about the length of time that this proceeding took.  There is no doubt that it involved significant stakes, and some issues that were not easy.  But it took seven years.  The evidentiary portion of the trial took three and a half years.  There were 295 days of evidence and 70,000 pages of exhibits.  Written submissions occupied more than 3,000 pages and took a further year and a half.  The reasons for judgment took another two years, and ran to 668 pages.

[97]    It is important to reiterate that the principle of proportionality is a vital prerequisite to an efficient and effective justice system.  Counsel and especially the trial judge have a responsibility to manage the processes with this in mind.  It is difficult to conclude that a trial of this length and a record of this magnitude were necessary to resolve the issues in this case.

(per Goudge, J.A. in GasTOPS Ltd. v. Forsyth2012 ONCA 134)

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