www.canadianlawyermag.com 23
of observations about what works and what
doesn't in virtual simulations and how courts
have led the way in reforming old practices.
"In my view, the simplest answer to this
issue [of moving proceedings forward during
the pandemic] is 'It's 2020,'" Ontario Superior
Court of Justice judge Fred Myers wrote in
Arconti v. Smith, 2020 ONSC 2782 in May.
"We no longer record evidence using quill
and ink," Myers wrote in allowing a matter
to proceed virtually. "In fact, we apparently
do not even teach children to use cursive
writing in all schools anymore. We now have
the technological ability to communicate
remotely effectively. Using it is more efficient
and far less costly than personal attendance.
We should not be going back."
Litigators and arbitrators are finding that,
despite the challenges, lawyers and courts
alike have been quick to adapt to the new
reality necessitated by the pandemic and the
new technologies it has required.
"Overall, I think the legal profession and
the courts have responded exceptionally well
to the transitions," says Jacob Damstra, a liti-
gator at Lerners LLP in London, Ont.
"My colleagues at the bar have welcomed
virtual advocacy as a way to represent and
advance clients' interests, while the courts have
proceeded without batting an eye, it seems."
A particular benefit of virtual hearings,
Damstra says, is that, on a number of occa-
sions, he has been able to invite multiple
students to call into a videoconference and
observe an entire hearing that might be in
a city hours away. "It allows for the student
experience to be enhanced by having much
"When your client is desperate to get
a matter before the court, [its] rapid
adjustment to proceeding for civil matters
through WebEx is a very positive development."
Geoffrey Holub, Stikeman Elliott LLP
Fundamentals
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