Modern, digital practices are becoming a part of the Ontario Court system that are being hailed as time and cost efficient, environmentally responsible, and encourage access to justice. These practices were originally enacted in response to the Covid-19 pandemic as pilot projects to allow the machinery of the judiciary to function. Because of their effectiveness and efficiency, the Ontario Government has enacted legislation, effective January 1st 2021, that has made many temporary these Covid-19 pilot projects permanent.
Digital Documents
Due to the pandemic, it became necessary to share documents virtually. The new Rules now allow lawyers and courts to permanently continue to file, issue and share documents virtually. With the exception of originating documents, all other documents can be served via email, without the need for a court order or the other parties’ consent.
Other digital pandemic measures that will remain permanent include:
- Transcripts will be provided in electronic format unless otherwise ordered by the Court.
- The courts can issue electronic orders/judgements.
- Court documents now must include the email addresses of parties generally replacing the previous requirement of fax numbers.
Commissioning Documents
The Ministry has also virtualized notarization and commissioning through amendments to the Commissioner for Taking Affidavit’s Act, allowing documents to be signed and identities verified online.
Documents can now be authenticated and issued electronically no longer requiring the commissioner and deponent to both be physically present. The alternative means of commissioning via video conference is now sufficient. The Affidavit should state that it was commissioned by video conference.
Virtual Hearings
Hearings, mandatory mediations, and oral examinations for discovery, the parties will now be able to choose between in-person, telephone or video conference. CaseLines (a cloud-based document sharing and storage e-hearing platform) will be used for both in-person and remote court hearings. See: Supplementary Notice to the Profession and Litigants in Civil and Family Matters Including Electronic Filings and Document Sharing
Cost consequences may be incurred if a party unreasonably objects to a proceeding by phone or video conference. Superior Court Notice to the Profession effective January 4, 2021 encourages Counsel to read the best practices guidelines. See: Best Practices and Etiquette for Remote Hearings
The requirements to gown for an appearance in the SCJ is suspended. Counsel, parties and other participating in video hearings are expected to dress in appropriate business attire. Judges will also dress in business attire.
These digital and virtual processes increase access to justice as it eliminates the requirement for travel and the need to be physically present to meet with a lawyer, obtain legal advice and deliver necessary documentation. The use of these digital technologies bring the courts into the a modern digital era for the greater good.
Written by: Nisha Narang