For those who are waiting for things to return to
"normal" in the Courts, that is not going to happen. For
better or worse the Courts are going to have to adapt to deal with
the backlog and to address the introduction of technology, on a
large scale basis, into the Courtroom. The days of in person
attendances will be few and far between and all parties are going
to have to adapt to make this new reality work.
In the recent decision by MacLeod J, Scaffidi-Argentina v.
Tega Homes Developments Inc, 2020 ONSC 3232, a case conference
was held to determine the best manner in which to move this action
forward. MacLeod J was blunt in stating that there is:
very little likelihood of traditional trials resuming before
July or September and even then, it may be possible to use court
rooms only with precautions and safeguards in place. This may
significantly impact the number of cases that may be heard at one
time, the number of matters that can proceed at all and the pace
