What is the impact of the common law on the rule of law in Canada?

Karakatsanis J. commenced her judgment in the ground breaking case of Hyrniak v. Mauldin, 2014 SCC 7, with the following words: Ensuring access to justice is the greatest challenge to the rule of law in Canada today. Trials have been increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they are sued, they cannot afford to go to trial. Without an effective and accessible means of enforcing rights, the rule of law is threatened. Without public adjudication of civil cases, the development of the common law is stunted.