In a matter of a few months, the coronavirus pandemic
("COVID-19") has radically altered the
normal practice of Ontario courts. The case management decision in
Miller v. FSD Pharma, Inc., 2020 ONSC 3291
("Miller") provides a good
snapshot of the steps taken by the Ontario judiciary to resume
"normal" court operations amidst COVID-19. It is also
indicative of the fact that there has been a shift in the mindset
of courts and judges regarding the use of technology in proceedings
with the result that even in a post COVID-19 world, there is likely
to be a "new normal" – one that embraces technology
irrespective of the complexity of the proceeding.
The parties in Miller had a two-day pre- certification
motion in a proposed class action that had been scheduled for early
May 2020. However, following the decision to suspend regular court
operations in Ontario in March 2020, the parties' case
management judge, Morgan J., issued an endorsement on April 14,
2020 to adjourn the
