Court Stresses Importance of CaseLines

In Bowman v. Uwaifo, 2022 ONSC 678, the court stressed the importance of using CaseLines in virtual hearings. Justice Myers stated: “imagine a lawyer going into court before the pandemic and not numbering the pages of the motion record. That is the equivalent of not using Caselines today”.

The use of presentation mode was particularly helpful to Justice Myers. His Honour stated that “it allowed me to concentrate solely on the merits of counsel’s arguments and to see the documents quickly and with no effort or distractions”.

Justice Myers also noted that counsel can use the “Direct to Page” function in CaseLines to send everyone else a pop-up window that takes them to a specific page. Alternatively, counsel can advise the court of the page reference in CaseLines, so that the court can find the page being referred to.

Justice Myers concluded:

[57]      As advocacy is the art of persuasion, is it not obvious that efforts by an advocate to assist the judge to focus on the argument and see the evidence will increase the chances of comprehension by the judge and therefore the persuasiveness of the presentation? In addition, it is also likely to garner some appreciation for the effort to simplify cumbersome and distracting technical tasks.

[58]      In my view, and subject always to judges’ discretion in their own courts, this branch of the court in this region should no longer accept oral submissions from counsel who do not use Caselines any more than we would have accepted an unnumbered motion record or an untabbed book of authorities before the pandemic. There are ample resources available to teach counsel how to use Caselines if anyone needs assistance. Clients and the court are entitled to expect and require counsel to be technologically competent to attend court remotely.

Therefore, counsel must be prepared to use CaseLines in virtual hearings in the Superior Court. It is particularly helpful to use presentation mode or the “Direct to Page” function.