Category Archives: Directions from the Courts

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 […]

E-Trial Consent Order Filed with BCSC

The Parties to Cowichan Tribes et al. v. Canada et al. (Victoria File No. 14 1027) filed an E-Trial Consent Order with the British Columbia Supreme Court in July, in preparation for their trial set to begin September 9, 2019. The E-Trial Consent Order builds on the orders filed at the Federal Court of Canada for Southwind and Jim Shot Both Sides in […]

Federal Court E-Trial Plan – No. 1

At the Federal Court, the E-trial Plan for Southwind v. Canada (2017 FC 906) is filed with the court registry. When I spoke to Justice Zinn, he told me that he made sure that happened because he realized that there were no precedents for e-trials and he wanted a written record to rely on later. […]

Yukon Practice Directive on E-trials

The Supreme Court of Yukon is ahead of the curve on e-trials. Courtroom 1 is equipped with monitors at all desks to allow the judge, clerk and counsel to view documents in large or complicated civil cases. During trial, the court clerk calls up documents from a Court Services Computer and all parties can view […]

Alberta’s Practise Direction on E-trials

The Court of Queen’s Bench of Alberta published Civil Practice Note No. 4 in 2007, and updated it in March 2011. It is almost exactly the same wording and template as the 2008 National Model Practise Direction and the 2006 Practise Direction in the British Columbia Supreme Court on using technology in civil litigation. Alberta’s […]

National “Model PD” on Technology in Civil Litigation

The Canadian Judicial Council posted a National Model Practise Direction for the Use of Technology in Civil Litigation in 2008. It has exactly the same words and template as BC’s Practise Direction (2006) and Alberta’s Practise Direction (first published in 2007, updated in 2011). Indeed, the press release that accompanied the National Model Practise Direction […]

BCSC’s PD on Electronic Evidence and E-Trials

The Supreme Court of British Columbia’s Practise Direction regarding electronic evidence and e-trials is dated July 2006. It was part of an early Electronic Evidence Project by the Supreme Court. It is the oldest practise direction I found in circulation. Other Practise Directions – such as the Canadian Judicial Council’s National Model Practise Direction for […]