Litigation Lawyers Must Be Technologically Competent
Two recent decisions have emphasized Ontario lawyers’ duty to be able to effectively use required technology in court. Unfortunately, in both cases, the lawyers’ failure to be technologically competent cost their clients money in the form of costs awards.
The Law Society of Ontario requires lawyers to “develop an understanding of, and ability to use, technology relevant to the nature and area of the lawyer’s practice and responsibilities.”
Since 2020, Ontario civil courts have required parties to use Caselines, a document sharing and ehearing platform, for civil motions, applications, and trials.
Despite this requirement, it appears that some lawyers have been unable, or unwilling, to become proficient in the platform.
Last week, two decisions made note of lawyers’ refusal to use Caselines when appearing before the court. In both decisions, the court noted that the inability and unwillingness to present materials using Caselines was inconsistent with the “clear expectations” courts have outlined in all recent practice directions. In one case, the Court deprived a successful defendant of substantial indemnity costs because of counsel’s conduct and technological incompetency. In the other, the court ordered an unsuccessful plaintiff to pay costs on a higher scale to “encourage Plaintiff’s counsel to be more prepared for future attendances.”
These clear and severe consequences serve as notice that lawyers must be technologically proficient—both to effectively present their clients’ cases and to avoid their clients having to pay for their lawyers’ technological ineptitude.
Rikin Morzaria is a Toronto civil litigation lawyer at Kinara Law. If you’d like assistance with a legal matter, feel free to reach out to him for a free initial consultation.
