Paper Filing: For Shame!

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In Ontario, our courts love paper. Maybe the judges and the staff loved the 1990s. I certainly did. But some things are better left in that decade, like the annoying toy Furby and paper filing.

This past week, I had to file two motion records with the court. Unfortunately, I was cutting it close to the deadline. Both motion records had to be filed the day they were due. In other jurisdictions, at a click of mouse, I could file the material from my office. But instead, in Ontario litigants have to wait in line to file the material with the court. And what happens if you’ve waited there all day, just to be told at 4:00pm that something is deficient and the court won’t accept it? You are out of luck.

This is unacceptable!

In 2016, entire industries are being disrupted by the Internet. Taxi cabs, the food industry, the music industry, just to name a few. So why does our court think that they are invincible? Why do they insist on paper filing? Are they just trying to keep legions of people employed, whose jobs depend on moving paper around the court system?

In Israel, the courts have implemented the Next Generation Court System. It has five basic features: an electronic file, the judge’s workspace, task assignment, calendar, and e-filing. Under this system, the public has access to publicly available court documents, while the litigants and judges have access to the entire court file through smart cards and passwords.

The judge’s workspace displays all outstanding matters that require attention and includes court documents like pleadings, affidavits, and exhibits. The inclusion of court documents allows judges to search for a key term while writing or hearing testimony. The task assignment feature assigns each step in a proceeding to the appropriate person. The calendar feature allows judges to schedule matters without cumbersome hearings, like scheduling court. The e-filing of complaints and motions reduces the cost of storing and transmitting documents and enables people to access court documents from anywhere. Further access from anywhere helps judges too. The ability to view all materials digitally during trial or at home shortens proceedings and the time needed to write decisions.

Other jurisdictions have entered the new millennium. And so should we. Our government should be ashamed of the lack of resources invested in our judicial system.

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