Browsing by Author "White, Robert McKay"

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    Drop dead or a slow death? An analysis of rule 4.33 of the Alberta Rules of Court
    (2020) Morrow, Melissa; White, Robert McKay
    From 2010 to 2013, the "Drop Dead Rule" in the Alberta Rules of Court underwent major amendments that resulted in new jurisprudence for resolution of all such applications. In this article, we conduct quantitative and qualitative analyses of the consequences of these amendments and the causes of these consequences. We find that the increase in applications, the longer time to resolution, and the inequitable impact on impecunious plaintiffs result in outcomes contrary to the objectives stated in the Foundational Rules. We provide evidence of the extent of these failures and recommendations on how to amend the Drop Dead Rule to result in fairer, more just, timelier, and more cost-effective resolutions.
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    Seven years of accessible justice: a critical assessment of Hryniak v. Mauldin’s culture shift
    (2022) White, Robert McKay
    In 2014, the Supreme Court of Canada sought to address the inaccessibility of public adjudication for “ordinary Canadians” by introducing a culture shift to civil litigation. This culture shift required participants in the civil justice system to stop viewing trial as the default adjudication method and expand use of summary judgment. In this article, I critically evaluate the Supreme Court’s reasoning for the culture shift from a jurisprudential perspective and quantitatively evaluate the endeavour’s success. I find that Alberta courts have misapplied the culture shift contrary to the Supreme Court’s intentions, that the culture shift is being implemented only on a limited basis, that summary judgment is no more accessible for ordinary Canadians, and that fairness and justice are not being preserved. I provide recommendations for alternate methods to address the accessibility problem.
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    The prevalence of economic abuse among intimate partners in Alberta
    (2022) White, Robert McKay; Fjellner, Devon
    We examine the prevalence of economic abuse in all demographics. Previous research primarily considers female victims within heterosexual relationships characterized by other forms of intimate partner violence (“IPV”). Consequently, economic abuse may appear to be a less widespread societal issue than it is. Relying on theory that IPV is not a gendered phenomenon, we collected primary data of the prevalence of economic abuse in the Alberta general population and analyzed the influence of demographic variables on the likelihood of experiencing economic abuse. We surveyed 300 random adults in every demographic on what economically abusive behaviors they have experienced and used univariate and regression analysis to determine the effect of different demographic variables on those experiences. We found that 36% of all adults in the sample experienced economic abuse, with 17% experiencing severe economic abuse. Being male or female had no statistical impact on the likelihood of experiencing such abuse, and the effect of income is contrary to previous assumptions. Women are more vulnerable to Economic Control, a subtype of economic abuse. Economic abuse is a broader problem than research to date has considered. Though it is not a gendered phenomenon, different behaviors are more prevalent or severe for different genders. The prevalence of economic abuse in all demographics suggests that further awareness and advocacy is necessary to reduce its incidence. Additional research on a national level is needed to determine patterns and motivations for economic abuse and its correlations with other forms of IPV.