"It's 2020": Bringing The Courts In Line With The Times During COVID-19

The issue in this case was whether the plaintiffs ought to be required to conduct an examination out-of-court by videoconference, rather than in- person at a later date, due to the COVID-19 pandemic.

The plaintiffs sued the defendants for negligently causing them to unjustly be found liable for securities fraud by the Ontario Securities Commission, among other causes of action. The defendants moved for summary judgment on part of the claim. Justice Myers ordered that a mini-trial be held to determine if summary judgment should be granted. He also granted the plaintiffs the opportunity for further examinations for discovery of the defendants prior to the mini-trial.

Prior to the mini-trial, Justice Myers convened a case conference to discuss trial readiness with counsel. At the case conference, counsel for the plaintiffs advised that the plaintiffs did not wish their examination for discovery of one of the defendants to proceed by videoconference. He requested a