Category Archives: Recent Cases

Zoom Hearings in BC and Ontario

Zoom Hearings are underway at the British Columbia Court of Appeal. Today’s update on the justice system pivoting in the face of COVID-19’s “new normal” also includes a live-stream from Ontario Superior Court of Justice, and Ontario’s Divisional Court and Toronto Commercial and Estate List hearing cases via Zoom. The B.C. Court of Appeal goes […]

Remote Hearing Live-Streamed in Canada

A remote hearing before the Ontario Divisional Court was live-streamed today. Also in this week’s update on how the justice system is pivoting in the face of the COVID-19 pandemic: Canadian Courts’ jurisdiction to run virtual hearings, Australian Courts’ pivot to holding all proceedings as remote hearings and the UK’s move to gather more evidence […]

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 […]

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 […]

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. […]

Consent Orders for E-Trial get E-Trial into Court

The parties to Saugeen Ojibway Nation v. AG Canada et al (“SON”) (ONSC Court File Nos. 94-CQ-50872CM and 03-CV-261134CM1) signed but did not file two orders for E-trial which included an E-Trial Plan and a consent order for the two services providers (i.e., for the E-Trial Platform and for Realtime Reporting). The consent orders for […]

Cowichan Tribes E-Trial well underway in Victoria

The Cowichan Tribes E-Trial entered its fourth week of evidence this week. Justice Young has heard the Plaintiffs’ opening statement and testimony from the first three witnesses. The court is now hearing evidence from the Plaintiffs’ fourth witness. As of October 1, 2019 – Day 16 of Trial – 38 exhibits have been presented to […]

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 […]