Efficiency...

[Montgomery Burns]

Buried at the bottom of a CTV.ca article: Why Monty Burns detests big Govt

Of about $83 million spent last year by the federal Office of Indian Residential Schools Resolution, $17 million—20 per cent—was used to resolve 593 claims. The rest paid for government lawyers, staff salaries, research fees and other administrative costs.

$17 million divided by 593 claims, equals $28,668/claim.

$66 million on "government lawyers, staff salaries, research fees and other administrative costs" divided by 593 claims equals $111,300/claim.

I don't know the extent of the govt's expenses, but shouldn't this $17 million versus $66 million be switched around?

Reperations were only 20% of the bill; 80% went to expenses...it seems reasonable to expect this to be reversed, i.e., 80% to reperations and 20% to expenses.

Just another example of why I loathe big govt...

I would like to see a leftwinger try and justify this gross mismanagement by the govt! :angry:

[PocketRocket]

I have to at least partially agree with this.

In addition, yesterday I heard on the news (CBC no less) about the whole issue with the pay-out to native residential school students.

The thing that killed me most was that in addition to giving $10,000 immediately to each student, plus another $3,000/year that each student was in a residential school, the government was also going to foot half the legal bill for the natives pursuing the settlement.

Isn't that kind of like you or I going into court and volunteering to pay half the legal cost of our opponent???

[FTA Lawyer]

Buried at the bottom of a CTV.ca article:  Why Monty Burns detests big Govt

Of about $83 million spent last year by the federal Office of Indian Residential Schools Resolution, $17 million—20 per cent—was used to resolve 593 claims. The rest paid for government lawyers, staff salaries, research fees and other administrative costs.

$17 million divided by 593 claims, equals $28,668/claim.

$66 million on "government lawyers, staff salaries, research fees and other administrative costs" divided by 593 claims equals $111,300/claim.

I don't know the extent of the govt's expenses, but shouldn't this $17 million versus $66 million be switched around?

Reperations were only 20% of the bill; 80% went to expenses...it seems reasonable to expect this to be reversed, i.e., 80% to reperations and 20% to expenses.

Just another example of why I loathe big govt...

I would like to see a leftwinger try and justify this gross mismanagement by the govt! :angry:

<{POST_SNAPBACK}>

Monty,

I'm no left winger...but I am a lawyer...

All kidding aside, I don't disagree with your opinion, I only pause to point out that quick and easy (and efficient) settlements can only happen if both sides are willing to play the game that way.

I can rather confidently say if the government did a cost-benefit analysis before launching its bureacratic machinery and decided to just offer up $75,000.00 to each of the 593 claimants right from the get-go, it would have cost millions more in the end.

It would be totally reasonable...each claimant gets way more, and the government pays way less...win-win.

The problem with taking the reasonable approach is that everyone still assumes you are playing the old "used car salesman" game. If they offer $75,000.00 it must be because they're prepared to pay $150,000.00 and so the real fight begins.

I'm not excusing the inefficiency, but I am saying that it probably isn't entirely the fault of the government.

I can't tell you how many times I've advised clients (both individual and institutional) to take settlement offers, showing them that to fight it out will mean they will likely be in a worse net position (even if they "win" their case) only to hear the infamous "it's the principle of the thing" justification for refusing to negotiate reasonably.

Those are my thoughts.

FTA

[FTA Lawyer]

I have to at least partially agree with this.

In addition, yesterday I heard on the news (CBC no less) about the whole issue with the pay-out to native residential school students.

The thing that killed me most was that in addition to giving $10,000 immediately to each student, plus another $3,000/year that each student was in a residential school, the government was also going to foot half the legal bill for the natives pursuing the settlement.

Isn't that kind of like you or I going into court and volunteering to pay half the legal cost of our opponent???

<{POST_SNAPBACK}>

True, but you have to appreciate that if you think you are totally screwed on an issue (which I suspect the government lawyers have concluded long ago) what seems like a big payment now might be a true steal of a deal if it makes the problem go away.

I've seen an insurance company make a 6-figure settlement offer before a Statement of Claim was even filed because they obviously thought they were nailed to the wall. That kind of up-front money made the potential Plaintiff sign off and take the deal when he very well could have been looking at 4 times what the offer was if he won at trial.

FTA