From an advocacy stance, ‘it’s a case-by-case assessment’ says Bogoroch’s Linda Wolanski
This article was produced by Canadian Lawyer in partnership with Bogoroch & Associates LLP
By Julius Melnitzer | September 28, 2023
On April 19, 2022, Ontario Superior Court of Justice guidelines mandating “presumptive methods of attendance” for all manner of proceedings came into effect.
The guideline for discoveries, substantially identical to the guideline for mediations, could not have been promulgated more clearly: “All examinations for discovery will be held in person, unless the parties consent to it being conducted virtually or unless the Court specifies a different mode of proceeding,” it read.
More than a year later, the presumption appears to have fallen under the bus.
“The practical reality, with very few exceptions, is that everyone is continuing to do discoveries and mediations virtually,” says Linda Wolanski, a highly experienced personal injury lawyer at Bogoroch & Associates LLP, a Toronto-based civil litigation boutique whose focus includes medical malpractice and personal injury cases. “The guidelines state that, presumptively, these proceedings must be in person, but very few lawyers are choosing to do so anymore.” MORE . . .
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.
RELATED ARTICLES
BARE BONES BRIEFS: Remote defendants show up bathing and half-naked;
Virtual proceedings: Here to stay but the devil in the details
Zoom trials: benefits outweigh hiccups
… of course not. Courtrooms are about the judicial process and process is not justice. The people to be served are the litigants not the judiciary.
Go virtual and now or it will leave you behind on the scrapheap along with your powdered wig.