Can Discovery Evidence be Used in a Criminal Trial – Guidance from the SCC from R v JJ, 2022 SCC 28
Heather Douglas | Law and Innovation
by Heather Douglas
1y ago
Four years ago, I wrote about the use of discovery evidence in criminal matters (linked: here). Today (June 30, 2022), the Supreme Court of Canada has provided greater guidance on this question, specifically in the context of sexual assault cases. In R v. JJ, 2022 SCC 28, Justice Wagner and Justice Moldaver writing for the Majority upheld sections 278.92 to 278.94 of the Criminal Code, excerpted in part below.   Sections 278.92 to 278.94 were meant to remove barriers that deterred complainants from coming forward. Mainly by restricting defence counsel’s use of the complainant’s pers ..read more
Visit website
Helpful Tips for Using CaseLines
Heather Douglas | Law and Innovation
by Heather Douglas
2y ago
  CaseLines is being used in most court proceedings in Ontario. It is a technology that many counsel struggle with using. In the decision Bowman v Uwaifo, 2022 ONSC 678, Justice Myers provides advice on using CaseLines. Below, I have summarized his recommendations in point form. Know the CaseLines page number for all documents uploaded to the platform. Counsel and litigants are expected to refer the court to documents using the page numbering in CaseLines. “All you have to do is tell the judge, ‘please go to page A100 or B-1-189’ and the judge can open the correct page in seconds with n ..read more
Visit website
Judge Orders Trial to Proceed Virtually over Counsel’s Objections
Heather Douglas | Law and Innovation
by Heather Douglas
2y ago
  In light of the Omicron variant, in-person civil jury trials have been suspended in Ontario. This has impacted many cases, which were slated for trial in January 2022. One of these cases was Fraser v Persaud. In Fraser v. Persaud, 2021 ONSC 8429, the motor vehicle accident case was at risk of not being heard in 2022 (7 years post-accident). Therefore, plaintiff counsel requested that the matter proceed virtually. Defence counsel objected to this request. They wanted to wait to have the trial in-person. But, this could push the trial from January 2022 to January 2024. Justice Richetti o ..read more
Visit website
Helpful Tips for Motions
Heather Douglas | Law and Innovation
by Heather Douglas
2y ago
In Basaraba v Bridal Image Inc., 2021 ONSC 8038, the defendants brought a motion for summary judgment to have a “slip and fall” case dismissed. The defendants lost the motion. In writing his decision, Justice Dunphy provided guidance on best practices for motions, as set out below: To convince a court to hear a partial summary judgment motion, the party must show: (i)   Demonstrate that dividing the determination of this case into several parts will prove cheaper for the parties; (ii)   Show how partial summary judgment will get the parties’ case in and out of the court ..read more
Visit website
Court’s Obligations to Self-Represented Litigants
Heather Douglas | Law and Innovation
by Heather Douglas
2y ago
In Grand River Conservation Authority v. Ramdas, 2021 ONCA 815, the Ontario Court of Appeal discusses the obligations that the court has to self-represented litigants. Below is an excerpt of some key points: Self-represented litigants are required to familiarize themselves with the relevant legal principles, practices, and procedures pertaining to their case. “However, the court has a duty to ensure that self-represented litigants receive a fair hearing”. (para 18) Judges must permit self-represented litigants to explain how they understand where things stand in the litigation. (para 19) Jud ..read more
Visit website
The Rise of Case Conferences in Litigation
Heather Douglas | Law and Innovation
by Heather Douglas
2y ago
  In Innocon Inc. v. Daro Flooring Constructions Inc., 2021 ONSC 7558, Justice F. L. Myers writes that “Parties should expect case conferences to be used to resolve summarily procedural issues with greater frequency. With current backlogs and resource limitations, there is simply no judicial time available to schedule short motions especially those which, like here, are tactical and do not advance the resolution of the case on its merits”. Case conferences are on the rise for good reason. They help move cases forward by: (a) providing an opportunity for issues to be settled without a h ..read more
Visit website
What to know When Seeking Declaratory Relief.
Heather Douglas | Law and Innovation
by Heather Douglas
2y ago
Many litigants have confusion around pleading declaratory relief. A declaration is a narrow remedy. A declaration confirms or denies the existence of a right. It is available without a cause of action. It is also available whether or not other consequential damages are sought (e.g. payment of damages, injunction, etc). In Savary v Tarion, 2021 ONSC 2409, Justice Bale of the Ontario Superior Court of Justice provides guidance on seeking a declaration from the court. Justice Bale writes that a declaration is not requested for the finding of facts. Similarly, a request for a declaration ..read more
Visit website
What is the timeline for Simplified Procedure Cases in Ontario?
Heather Douglas | Law and Innovation
by Heather Douglas
2y ago
In the Ontario Superior Court of Justice, cases may fall under Simplified Procedure or the Ordinary Procedure. The Simplified Procedure is set out in Rule 76.01 of the Rules of Civil Procedure.  The simplified procedure must be used in a civil action if: i. Your claim is only for one or more of the following: • Money • Real property (e.g. land) • Personal property AND ii. The total amount is $200,000 or less, exclusive of interest and costs, including the amount of money claimed (if any) and the fair market value of any real property and personal property, as at the date the action is co ..read more
Visit website
What does a user-centred court form look like?
Heather Douglas | Law and Innovation
by Heather Douglas
2y ago
In the article “What does a user-centered eviction court summons look like?”, Margaret Hagan answers this question. Her analysis can be applied to most court forms. The key design principles outlined are as follows: Have a clear visual hierarchy. Put the first and second most important information in large boxes, with icons, indented lists, and images. Make it easily readable. Use small blocks of text and short sentences. Follow plain language. Use lists where possible. Bold each paragraph’s take away. Use symbols and images when possible. Be sure to have a court logo or seal to impart that i ..read more
Visit website
Civil Procedure and Practice in Ontario
Heather Douglas | Law and Innovation
by Heather Douglas
2y ago
Heather Douglas Law is happy to announce the publication of Civil Procedure and Practice in Ontario. It is an online textbook, published by CanLII. Heather Douglas co-authored two chapters in the esteemed online textbook. The chapters are: Rules of Civil Procedure Chapter, General Matters, Rule 2 – Non-compliance with the Rules – see page 2; and Chapter 12 – Courts of Justice Act, Judges and Officers – see page 98. A link to the helpful resource can be found here: https://www.canlii.org/en/commentary/66972/      The post Civil Procedure and Practice in Ontario appeared first ..read more
Visit website

Follow Heather Douglas | Law and Innovation on FeedSpot

Continue with Google
Continue with Apple
OR