With the province dropping most COVID-19 regulations and easing public health and workplace safety measures, Ontario courts are returning to in-person for some proceedings.
As of April 19, events scheduled to be heard in the judicial Central West region (Brampton, Guelph, Milton, Orangeville, Owen Sound and Walkerton) will proceed in the “presumptive mode of hearing” unless a judge has directed otherwise.
According to a recent Notice to the Profession and Parties, the default modes in Central West region:
In-person:
- Jury trial
- Non-jury trial
- Long Motions and applications
Virtual:
- Civil pre-trials
- Case conferences/case management
- Short Motions
Time and cost savings in virtual hearings
We are only a few weeks into these new rules, so time will tell how the first jury trials play out. Of course, parties and their counsel can request virtual or hybrid hearings, but approvals will be at the court’s discretion.
Throughout the pandemic, most matters were virtual. Some jury trials were suspended, while others proceeded virtually. Now that we are more than two years into this, we know that virtual proceedings have worked well in many instances — with time and cost savings for plaintiffs.
For example, a personal injury lawyer in Oakville may involve several expert witnesses, such as doctors and other specialists. When proceedings occur in person, the expert has to clear their entire day, travel to the courthouse, and wait to be called to give their evidence.
In a virtual hearing, the expert would know what day the hearing is held and then be alerted shortly before being called. The expert signs onto their computer, gives their evidence from their office, and then carries on with their day.
Throughout the pandemic, our firm prepared clients for virtual matters over the platform being used. For instance, if it was a Zoom hearing, we schedule a preparation meeting with a client on that software so they become familiar with using the technology. Because so many facets of our lives were — and still are — virtual, clients are much more comfortable with videoconferencing.
Shifting to in-person discovery
In the future, it will be interesting to see whether courts will allow a more flexible, hybrid model where some witnesses are in court with the judge while others are videoconferencing. For most lawyers, virtual hearings have been a better use of our time. There’s little to no travel, and we file documents via CaseLines instead of lugging everything to the courthouse. That way, the judge can access everything electronically instead of having the briefs in front of them.
While I appreciate the relative ease of virtual proceedings, I know I can be a better support for my clients when they are in the same room with me. So, rather than a client logging in from home, they can come to our office where we have a boardroom set up to cast the proceedings to a television. This way, I am there to answer questions or help when a client looks lost.
The most significant change for plaintiffs will be in-person examinations for discovery. In this pre-trial process, each side has the opportunity to examine the opposing party. The Superior Court of Justice’s new guidelines state that all discoveries will be held in person unless the parties consent to it being conducted virtually or the court specifies a different mode of proceeding.
Before the pandemic, I would travel to the examiner’s office, meet my client, and they would be sworn in. Then they would go into a room and sit across the table from someone asking questions. For many people, that is a stressful and intimidating experience.
But I found that when discoveries went virtual, clients were not as stressed. They were more relaxed because they were in their home — or at our firm — answering questions. It dropped a bit of the formality and tension.
Hybrid options considered
Now that we’re back to in-person, lawyers should involve their clients in decisions about where discovery takes place. Do they want to be at home? Would they be more comfortable in their lawyer’s office? Or would they prefer to be in person in an examiner’s office? Clients should have some say about what would make them feel most comfortable.
When I meet with clients, I walk them through the pros and cons of virtual and in person. We may not always be able to accommodate their preferences, but we will have the discussion and advocate for the mode that best suits them.
If we stray from the presumptive mode, we will need to discuss and agree with opposing counsel and then discuss it with the judge well in advance. At the end of the day, the decision is at the judge’s discretion.
As the Superior Court of Justice’s guidelines state, “In determining the mode of proceeding and the application of the guidelines, the Court will also consider whether some parts of a proceeding should be conducted virtually and other parts conducted in person. In other words, hybrid options will be considered where appropriate or necessary.”
The province had to put off a large swath of jury trials over the past two years, and some parties have been waiting years for their day in court. There comes a point where we have to push forward and start working on the backlog. At the same time, we still have to contend with COVID-19 and any fallout when parties, judges and jurors are back in the courthouse.
Contact us to be your personal injury lawyers in Oakville
For more information on the services of personal injury lawyers in Oakville, contact Edwards Pollard LLP today online or call (289) 529-0404.