“I spent 3 hours preparing for the motion, scrolling through motion materials, looking for documents so that I could inform myself sufficiently to hear and decide this motion, which was set for 2.5 hours, to address 4 simple, discrete questions. After 3 hours, I stopped reading, exasperated, and frustrated.
The materials for this Motion for Directions, on their face, suggest that they were prepared in ignorance of the requirements of the Practice Direction and uploading electronic documents to Case Center, indifference to it, and/or in ignorance of how to do what should have been done.
The materials for this Motion for Directions, on their face, suggest that they were prepared in ignorance of the concept that the materials filed should help the Court to navigate through them and to make a decision efficiently, or in indifference to the concept.
I accept both counsel’s apologies for the problems with each of their files. The time is long past, however, for apologies for not doing what is required by the Practice Direction and good advocacy. Most counsel are compliant. In some quarters, however, announcements from Chief Justice’s office, Practice Directions, the availability of on-line resources, and seminars by the Adovcate’s Society, the OBA, District and County Law Associations, have had no effect. Perhaps the Court’s refusing to hear matters will be an effective call to the bar to do what is required by Practice Direction and good advocacy. I can only repeat the admonitions of Edwards, RSJ in Lepp v. The Regional Municipality of York, 2022 ONSC 6978.
Case Centre (and its predecessor, CaseLines) has been mandatory in Central West Region in all civil and family matters since 4 April 2022.
For the Court, the Bar, and self represented litigants, Case Centre has brought a substantial change in the way the Court does its business for the public. There have been growing pains for all users. To assist counsel and self represented litigants, Province-wide and Regional Practice Directions have been issued about how people are to upload documents to CaseLines. They have been amended from time to time to address user issues. Tip sheets have been published on the Court’s website to assist counsel and litigants: see https://www.ontariocourts.ca/scj/notices-and-orders-covid- 19/supplementary-notice-september-2-2020/caseline-tips/#Tip_1_Register_and_bookmark_Case_Center_Ontario.
Two of the tips address uploading for hearing purposes. One says that if you want to maintain internal hyperlinks and bookmarks you must upload one PDF document. Alternately, you must upload the Affidavit and the attached items each as a separate PDF document.
Given that Case Centres has been mandatory for two years in Central West, counsel’s failure to comply with it is no longer acceptable.”