Although electronic trials (also known as "e-trials")
continue to be the exception in Ontario, the tipping point is fast
approaching, if not yet upon us. As technology advances, we as
litigation counsel are provided with an increasing array of tools
that can be used to manage the trial process efficiently and
effectively. The great volume of electronic documents such as
emails have become the norm in civil litigation. These tools assist
the court, counsel and litigants in reducing the time and expense
of litigation. Such cuts are particularly important in complex
commercial cases.
In this article, we discuss a number of innovative practices
that were adopted by the parties and the court in the Husky v.
Schad et al.1 trial heard in the Ontario Superior
Court (Commercial List) in late 2015 and show how the adoption of
those practices allowed the parties to effectively and efficiently
bring this large and complex piece of commercial litigation to
trial on an expedited
