Judge’s guideline could become standard for courts

A standard case management guideline recently written by a judge for use in commercial list cases he’ll preside over could be useful across the civil justice system, Toronto critical injury lawyer John McLeish tells Law Times.

Following the Supreme Court’s decision in Hryniak v. Mauldin, Superior Court Justice David Brown wrote the guideline – involving hands-on intervention by a single judge, greater co-operation between counsel, and fewer court appearances – and some lawyers say it should become the new standard, the article says.

 “The Supreme Court of Canada has encouraged judges to become more interventionist,” McLeish, partner with McLeish Orlando LLP, says in Law Times.

 “When a judge becomes an interventionist, you just get much more done.” You can deal with the everyday stuff administratively rather than through motions scheduled four months from now, says McLeish.

Brown’s guideline envisions fewer procedural motions and adjournments, which lawyers say will be helpful outside of the commercial list as well, Law Times reports.