The Covid-19 pandemic has changed the way law firms practice, and on January 1, 2021, the Rules of Civil Procedure are being amended to reflect the new reality. Below is a summary of the amendments that will most significantly affect Ontario lawyer’s day-to-day practices.
Method of Hearing
As video conferences have quickly become the norm, r. 1.08 will give parties seeking a hearing or any other step in a proceeding that permits or requires the attendance of parties, the option to attend in person, by telephone, or by video conference. Parties can object to the proposed method of hearing, but an unreasonable objection may result in cost consequences under r. 57.01 (1).
Service
Consent or a court order will no longer be required to serve a lawyer by email under r. 16.05 (1) (f) and lawyers may no longer be served by fax. Furthermore, any document that is not required to be served personally or by an alternative to personal service may be served on the party by email without their consent or a court order.
CaseLines – Cloud-based Case Management Software
Also, cloud-based case management software will be more widely available to the court and litigants in 2021. Rule 4.05 will enable the court to require the parties to use CaseLines to submit filed documents; any other document that the party intends to rely on at a hearing; and compendiums. However, it is important to note that submitting documents through CaseLines will not amount to the filing of those documents.
These amendments to the Rules of Civil Procedure are long-overdue and bring the legal profession in line with the remote work reality of Covid-19. Post-pandemic, the new Rules will help provide more flexible and cost-effective solutions for litigants.
This entry was authored by Scott Lemke and Emma Chapple.
This entry was authored by Scott Lemke and Emma Chapple.
Information herein is NOT legal, financial or investment advice. Should you have questions with respect to the information herein, please contact Lemke Law Professional Corporation. summary