"Enough Is Enough" – Frustration Expressed By Ontario Courts Over Litigation Misconduct During The Pandemic

At the time of this writing, it has been almost a year since civil litigation was routinely conducted in a physical courtroom. While parties and their counsel are working under difficult conditions, recent decisions of the Ontario Superior Court of Justice have expressed considerable frustration with the failure of counsel to follow procedural rules, including various Notices to the Profession released during the pandemic, which are being treated like guidelines rather than requirements. Justices have not shied away from orders striking offending affidavits, refusing motions, and imposing cost sanctions for improper conduct of litigants and their counsel, while making stern comments in written endorsements when circumstances warrant.