- TLA expects better times in the coming year - April 28, 2021
- Justice Act amendments come up short on judiciary selection - March 16, 2021
- ‘It’s not a pirouette’ but our justice system pivoted in a new direction - February 19, 2021
By Paul Russell, LegalMatters Staff • Efforts by the Ministry of the Attorney General to introduce more electronic technology into day-to-day courtroom operations is great news for both the legal community and the general public, says Brett Harrison, president of the Toronto Lawyers Association (TLA).
“The TLA has always been a big proponent of the adoption of technology, as creating opportunities for innovation is one of the key elements in our strategic plan,” he says. “We really feel strongly the courts should be adapting methods such as video-conferencing and electronic filing as a way to reduce the need for parties to attend court, as that reduces costs while improving access to justice for everyone.”
At the end of July, Ontario Superior Court Chief Justice Geoffrey B. Morawetz sent a memo to all bar and legal associations, announcing the launch of a two-week test phase of CaseLines, a cloud-based document sharing and storage e-hearing platform for remote and in-person court proceedings.
The platform will be used for “select civil motions and pre-trial conferences,” according to his memo, then expanded to all Toronto civil, Divisional Court, Commercial and Estate List and bankruptcy matters by Aug. 24.
CaseLines to be used province-wide
“We anticipate that CaseLines will be implemented province-wide in all court locations by year end,” he states in the memo, noting it is already in use in courts in the United Kingdom, South Africa, and the United States.
Advantages of the user-friendly interface include:
- materials of any size and file format can be uploaded;
- users can make private notes and highlights on documents;
- terms can be searched in all uploaded documents;
- parties can navigate documents and redirect opposing counsel and the court to view specific sections, and
- users can view uploaded materials anytime, with or without VPN access.
Another memo sent out in early August by the Superior Court of Justice announced all filings related to Commercial List matters will be done on sync.com, replace sending materials to the judge and the Commercial List office by email.
“This will be a temporary measure until the court moves all files over to the new CaseLines system,” the memo reads, though it does not detail how the transition between the two systems will work.
- Now is not the time to cut juries from civil trials: TLA president
- Changes brought about by lockdown may improve our judicial system
Established in Toronto in 1991, the Commercial List comprises judges who have experience in managing complex commercial litigation matters, such as bankruptcies.
“We need to be trying new approaches now, to bring our judicial system into the modern era,” says Harrison. “If everything doesn’t work perfectly the first time, we can always make adjustments later.”
Faxes mentioned 51 times in rules
As an example of how outdated parts of the judicial process is, he notes the Rules of Civil Procedure references sending documents through fax machines 51 times.
“The fact that fax machines are still referred to is like mentioning buggy whips in the Highway Traffic Act,” Harrison says. “We don’t need perfection; we just need forward movement. This is a great first step, which we are happy to see the ministry take.”
He is also pleased the ministry is looking to retain numerous changes brought about by the COVID-19 lockdown, referring to a letter from Attorney General Doug Downey, asking if the association agrees the province should continue to allow such things as the virtual witnessing of wills and the signing of identical copies by using audiovisual technology.
“The TLA is encouraging the government to continue to invest in technology,” Harrison says. “The judiciary has always been a huge proponent of this, particularly Justice Morawetz. The ministry controls how the courts work, but since the Attorney General is on side, I anticipate we will keep the advancements we have made, which I hope will be integrated into the online portal.
U.S. system already in place
He says the province only needs to look south of the border, where the American Public Access to Court Electronic Records system allows people to easily search court cases or file documents.
“I trust that we will end up with a similar service here in Canada,” Harrison says. “Sure, there is a cost to it, but we believe that investment will more than pay off, as there are all kinds of efficiencies this type of system will bring about.
Increasing access to our courts through technology will help the large number of self-represented people in the system, he says, who often do not have the time, means or knowledge to attend to hearings in person.
Harrison praised the ministry for how it is deciding what changes need to be made to the province’s judicial system.
“They first did a robust canvassing of the legal community, and are now taking action where they can, which is the right approach,” he says.
