Watching Canada’s Justice System Pivot

As the COVID-19 pandemic unfolds, I am tracking the places where I see the Canadian Justice system pivot. In the past week:  Zoom used for urgent application at B.C. Supreme Court – Last Friday, Chilwin Cheng reported that he successfully held a Zoom meeting for an urgent injunction hearing at the B.C. Supreme Court. Five […]

What to do when the courthouse is closed

How to bring an urgent application at the B.C. Supreme Court when the courthouse is closed By William G. MacLeod Q.C. and Kate Gower. Effective March 19, 2020, the B.C. Supreme Court suspended regular operations of the Supreme Court of British Columbia until further notice. While the courthouse is closed, applications may be made to […]

BC’s E-Trial Practise Direction Still Powerful

In December 2019, the British Columbia Supreme Court granted an application that BC’s E-Trial Practise Direction apply to a complex, multi-party commercial case, even in the face of opposition from the plaintiffs, a defendant and third party. Long Lake Hydro Limited v. Western Versatile Construction Corp began in 2015. It considers the design and construction […]

A Short E-Trial is a Worthwhile E-Trial

The short e-trial of Westmount-Keele Limited v. Royal Host Hotels and Resorts, 2018 ONSC 5170 is an example of the benefits of doing shorter trials electronically. Westmount-Keele Limited was a commercial dispute where, in place of a mortgage, Westmount paid $2,200,000 into court to the credit of the court action and the issue before Justice […]

E-Trial Expert speaks at PBLI’s Indigenous Conference

I will speak as an E-Trial Expert at “Developments in Aboriginal and Indigenous Law 2020”, PBLI’s Conference in Vancouver BC, April 14-15, 2020. Co-chairs Karey Brooks and Robert Janes, Q.C have collected a solid cast of Aboriginal and Indigenous Law specialists to summarize a range of developments in the law – check out the Agenda. […]

Saik’uz E-Trial runs in Vancouver

The Saik’uz E-Trial is running in courtroom 44 at the Vancouver Courthouse before the Honourable Mr. Justice Kent. Note: While the citation (Thomas v. Rio Tinto Alcan Inc.) includes the surname of the first-named plaintiff, many refer to the case by the first-named First Nation, i.e. “Saik’uz”. At trial, Saik’uz First Nation and Stellat’en First […]

A E-Appeal in Nova Scotia

An E-Appeal in Nova Scotia sets the stage for more efficient and effective e-hearings in that province’s courts. After the successful electronic trial of R v. Colpitts, the appeal ran with an entirely electronic record. Jane O’Neill, Q.C. (co-counsel with Brian H. Greenspan for Daniel Potter) and her team prepared the record and submitted it […]

Nova Scotia E-Trial a Success

The Nova Scotia E-Trial of R. v. Colpitts, 2018 NSSC 40 was a success that set the stage for a paperless E-Appeal. At trial, the Crown proved beyond a reasonable doubt that the defendants, together with Clarke and ten unindicted co-conspirators, developed and implemented a multi-faceted scheme to manipulate the Knowledge House Inc. share price […]

E-Trial Costs – What the Evidence Shows

Evidence on E-Trial costs is coming in, showing real savings to be had in a paperless courtroom. In November, William MacLeod Q.C. presented at the Pacific Legal Technology Conference, and shared his calculations that going paperless saves 10% of the time in the conduct of trial, and 80% of the time in preparation for trial. […]