Sept. 21, 2020 - Overview Strategic lawsuits against public participation (SLAPPs) are lawsuits that are intended not to seek justice, but instead to intimidate and silence critics. Regardless of the merits of its underlying claim, a well-heeled plaintiff is often able to drag the critic through costly and...
A Paperless Courtroom: Embracing the Use of Electronic Trials
In this article, James Bunting, Chantelle Spagnola and Anisah Hassan discuss a number of innovative practices that were adopted by the parties and the court in the Husky v. Schad trial heard in the Ontario Superior Court (Commercial List) in late 2015 and show how the adoption of those practices allowed the parties to effectively and efficiently bring this large and complex piece of commercial litigation to trial on an expedited schedule. Of particular note, the procedure adopted by the court and the parties included the use of iPads by both counsel and the court; the “chess clock” method of allocating each party’s time at trial; evidence-in-chief by way of affidavit; cloud storage and transfer technology; and real-time transcription.
Sept. 10, 2020 - Across the globe, courts are rapidly adapting their practices and procedures, initially in response to the COVID-19 pandemic and now to the gradual resumption of activities and easing of restrictions. As Canadian provinces gradually move toward reopening, courts have also begun to reopen their...