Amid the COVID-19 crisis, advocates, like all Ontarians, are facing immediate and diverse challenges. Pandemic or not, access to justice is a key foundation to our judicial system. Today, the Honourable Chief Justice Geoffrey B. Morawetz of the Ontario Superior Court of Justice hosted a virtual fireside chat to address the priorities of the Superior Court of Justice amid the COVID-19 crisis.

The Chief Justice explained how the Superior Court of Justice has responded to the COVID-19 crisis. Beginning in mid-February, the Court began working to transition to a fully remote operation. This process has and continues to involve many groups and individuals from professional organizations and members of the bar to government ministries to court staff to members of the public. The immediate goal of the Court was to maintain operations. With very dedicated Court staff and the use of technology, the Court's operations have been able to move to remote operations. While the physical courthouses may be closed, the Superior Court of Justice remains open.

The Superior Court of Justice has made many changes to comply with government mandated physical distancing, and while it has not been without challenges, the Chief Justice believes that the changes made in response to COVID-19 will have positive long term impacts on the Court:

  • e-Filing: The COVID-19 crisis has forced the Court and the Ministry to accelerate long-term plans for e-filings, and notes that "we cannot go back!". In the short term, e-filing allows for safe filing of materials. In the long term, it will increase efficiency for advocates and increase access to justice.
  • CourtCall: Prior to the COVID-19 crisis, the Chief Justice did not think that the bar took sufficient advantage of CourtCall despite great success in Northern Ontario. In the short term, CourtCall will allow parties to deal with administrative issues and to move matters along. In the long term, CourtCall will allow the bar to deal with the administrative tasks on files more efficiently, avoiding unnecessary trips to the courthouse.
  • Case Management: The Chief Justice believes that the skills learned and the tools developed in response to the COVID-19 crisis will allow for increased use of case management at the Superior Court of Justice that will speed-up cases and increase access to justice. 

The Chief Justice's primary concern is to ensure a functioning court system throughout this process and to maintain the operation of the courts. In order to do this, the Court needs the support of the bar. There is an increased premium on communication and cooperation with opposing counsel. This will include resolving differences and issues between the parties, as well as cooperation and support on electronic materials. The Chief Justice noted that he anticipates little patience from the bench for matters like refusals motions.

The Chief Justice is confident that there will be many lessons learned during this crisis. Nevertheless, the Court requires the patience and understanding of the bar and the public to ensure the continued operations of the Court.

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