Today I'm Going To Litigate Like It's 2021: The Courts' Expectations On Virtual Litigation

Over a year and a half into the COVID-19 pandemic, Ontario Courts are continuing to comment on their expectations around litigating virtually. Specifically, since the pandemic began, Courts have increasingly emphasized how they will expect litigants and their counsel to adapt to virtual proceedings. In contrast, they are less sympathetic to parties who insist on proceeding in-person. Here are some recent highlights on this topic.

The Expectations

In Worsoff v MTCC 1168,¹ Justice Myers directed the parties to proceed to examinations for discovery virtually. The dispute arose when counsel for the plaintiff served a notice of examination, requiring the defendants to be examined for discovery in-person. In contrast, counsel for the defendants served a notice of examination requiring the plaintiff to be examined for discovery virtually. The defendants objected to the plaintiff's requested manner of attendance and the parties sought direction from the Court at a case