"It's 2020" – And The Litigation Process May Be Conference Calling Into The Future

As the COVID-19 pandemic continues to unfold, Canadians remain subject to restrictions on gatherings and physical distancing rules. While these restrictions have presented challenges in the litigation process, counsel, litigants and the Courts have adapted to increase the use of remote communication technology in an effort to reduce the spread of the virus and allow litigation matters to move forward. In this way, the pandemic has served as a catalyst for change in the litigation process that parties may expect to see continue in the future.

In a recent case conference endorsement, the Ontario Superior Court of Justice ordered that the examination of the defendant proceed by way of videoconference, or not at all (Arconti v. Smith, 2020 ONSC 2782). In its reasons, the Court indicated that the continued used of technology in the litigation process may be beneficial, and therefore technological competency is necessary.