Estate Planning

Courts Entering the Electronic Age

By Hull and Hull LLP

Previously, I podcasted with Sharon Davis on the topic of courts authorizing service via social media. The courts appear to be, to a certain extent, embracing the electronic media, and bringing the administration of the courts into the 21^st century.

I recently came across the decision in Meaford v. Grist, 2011 ONSC 895 (CanLII) which provides further evidence that the courts are opening up their processes to adopt modern technologies.

There, the matter involved several hundred parties. In the course of submissions, it was suggested that a website be established to facilitate service of materials for use on various pending motions. The court accepted this suggestion, and ordered that service of any subsequent materials may be effected by the electronic downloading and posting of such materials in accordance with the protocol of the law firm establishing the website. The parties and the judge are to be advised of the website and the protocol, with instructions as to how to access the site and how to download and post materials relating to the pending motions.

Unfortunately, paper copies any documents must continue to be filed with the court, with appropriate proof of service.

As noted by Brown J. in Pershadsingh v. Thompson, 2010 ONSC 4932 (CanLII), it is time for the court to establish a system for the electronic filing of court documents, for the convenience of the parties and judges. In that decision, Brown J. noted that the words of the Constitution are not frozen in their 1867 sense, but must receive a progressive interpretation to address the realities of modern life. 'So, too, the provincial obligation to maintain courts is not frozen at the level of support that existed at Confederation'. Brown J. laments that other than replacing ribbon-tied bundles of papers for cirlox-bound bundles of paper, and other minor changes, the document and file management systems maintained by the Courts have not really changed much since 1867.

As seen in Meaford v. Grist, the tide may be shifting, albeit slightly and slowly.

Thank you for reading.

Paul Trudelle

Full post as published by Toronto Estate Law Blog on February 17, 2011 (boomark / email).