Should Affidavits of Service Be Required?

Recently lawyers have been debating online about whether the rules about affidavits of service should be reformed. Particularly in the context of serving documents by email, and there is a clear record of service. Service is important. It ensures that parties know about important court events before they happen. Sometimes self-represented litigants do not know … Continue reading Should Affidavits of Service Be Required?

Ontario Court of Appeal Hearing Some Appeals in Writing

In 4352238 Canada Inc. v. SNC-Lavalin Group Inc., 2020 ONCA 303, the Ontario Court of Appeal heard arguments on whether an appeal should be heard in writing only.  Deviating from the usual mode of oral and written submissions. The appellant objected to the matter being heard only in writing. Despite the objection, the court held that … Continue reading Ontario Court of Appeal Hearing Some Appeals in Writing

Can Chatbots Answer Legal Questions?

The People’s Law School in British Columbia is offering free legal information through a Chatbot on Facebook. @chatwithbeagle answers questions through Facebook messenger at https://www.messenger.com/t/chatwithbeagle. The chatbot starts off saying: I work for People’s Law School. I’m here to sniff out information to help you with common legal problems. My goal is to empower you … Continue reading Can Chatbots Answer Legal Questions?

Why the Saskatchewan Court of Appeal Has Barely Missed a Beat During the Pandemic

The Saskatchewan Court of Appeal has been fully functional for almost the entire time period during the pandemic. The court has easily transitioned to web-based hearings at the end of March 2020, – as announced here. Hearings are being heard in their ordinary order, in the same numbers as before the pandemic. Saskatchewan’s swift success … Continue reading Why the Saskatchewan Court of Appeal Has Barely Missed a Beat During the Pandemic

Helpful Tips for Drafting Affidavits

Background Rules on Drafting Affidavits: Affidavits must be based on what the deponent saw, what they heard, or what they did. Affidavits must be written in the first person, state the full name of the deponent, and if the deponent is a party or a lawyer, officer, director, member or employee of a party. Affidavits … Continue reading Helpful Tips for Drafting Affidavits

Virtual Identification, Verification, and Witnessing of Clients During COVID-19

During the OBA Law Practice Management Section series we discussed Virtual identification of client identity: What tools are you using?. You are required to identify your client when you provide legal advice. Identifying the client means obtaining certain basic information about your client and any third party instructing you. This information includes items like the … Continue reading Virtual Identification, Verification, and Witnessing of Clients During COVID-19

Using Apps for Contact Tracing: Can We Protect Privacy?

Governments in Canada have yet to officially use phone data to track and trace people who may be infected with COVID-19. However, there has been discussion around using a system in Canada similar to Singapore. In Singapore, the app being used to track and trace people who may have contracted COVID-19 is “TraceTogether”. TraceTogether uses … Continue reading Using Apps for Contact Tracing: Can We Protect Privacy?

Service and Filing by Email: Courts Are Being Forced to Adapt

In March 2020, courts across Canada have been forced to confront issues arising from social distancing measures. The Supreme Court of Canada is now allowing documents to be filed by email, with original paper copies to be filed subsequently at a later date. Further information can be found here. Similarly, the Ontario Court of Appeal … Continue reading Service and Filing by Email: Courts Are Being Forced to Adapt

Changes in Court Process due to COVID-19 Social Distancing

This post is from an interview with lawyer Heather Hui-Litwin, co-founder of Self-Rep Navigators. It is posted on Self-Rep Navigators website. Courts in Ontario have implemented changes to accommodate the rapidly evolving Covid-19 situation. Lawyer Heather S. Douglas explains to Heather Hui-Litwin (Self-Rep Navigator Co-founder) what these changes are. QUESTION 1: What is the current … Continue reading Changes in Court Process due to COVID-19 Social Distancing

The Future of Our Courts: Online Courts

“The Future Has Arrived — It’s Just Not Evenly Distributed Yet.” – William Gibson In “Online Courts and the Future of Justice”, Richard Susskind proclaims that our courts are moving towards radical change. Conceived in the dark ages and modified in the 19th century, our courts are now overwhelmed by paper and archaic processes. The operations … Continue reading The Future of Our Courts: Online Courts