Category Archives: Electronic Trials

Ontario Court Runs Aboriginal Law E-Trial

The Ontario Superior Court is running the Aboriginal Law case Saugeen Ojibway Nation v. AG Canada et al (ONSC Court File Nos. 94-CQ-50872CM and 03-CV-261134CM1) as an E-Trial. The Aboriginal Law E-Trial considers a claim for Saugeen Ojibway Nation (SON) ownership of lands under water and a claim seeking redress from Canada and Ontario for […]

E-trial Platform Used to Argue Costs

In Victoria BC, the parties brought the West Moberly E-trial Platform back into the courthouse to argue a single day on costs. Having the documents in the digital environment meant the parties could easily access all the documents used at trial, and I personally experienced how it improved my advocacy for my client. West Moberly […]

Federal Court Electronic Trial Plan – No. 2

The Federal Court Electronic Trial plan in the Jim Shot Both Sides v. Canada (2019 FC 789) is filed with the Federal Court registry. The parties requested the Federal Court issue an Electronic Trial Plan Order and Justice Zinn he told me that he generally followed the E-Trial Plan he ordered in Southwind v. Canada, […]

Victoria Courthouse Runs Second E-Trial

The Victoria courthouse will hear its second E-Trial beginning April 15. Justice Dev Dley ordered the case run as an e-trial using the UK program, Caselines. The parties to Hutchison v. Moore; BCSC Victoria Actions S-123664 and 151985 will be the first in Canada to use this e-trial platform. BC Supreme Court judges have been […]

Victoria’s First Electronic Trial

Victoria’s first full electronic trial (E-Trial) is a good example of how simple technology can improve litigation. In West Moberly First Nations v British Columbia, 2017 BCSC 1700, the parties successfully created and used a simple electronic trial (E-Trial) platform to both present evidence and enter it with the court. Watch this 3-minute video to […]

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. […]

Judge orders E-trial for six-week case

In 2014, Justice Brown at the Ontario Court of Justice ordered parties to conduct the action as an e-trial. In his order, he expressed “profound frustration” as a judge who has encouraged the use of technology in court: “How many wake-up calls do the legal profession and the court system need before both look around […]

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 […]

Judicial Comments on e-trials

When a judge comments on e-trials in a reported decision, it is an instant resource for others who want to litigate digitally. Justice Germain at the Court of Queen’s Bench of Alberta presided over Edmonton’s first E-trial in 2010. He added a 17-paragraph, “Schedule 1 – Judicial Comments About the Electronic (Digital) Trial Format” to […]

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 […]