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ARTICLE ● Attorney General Disregards Bench/Bar ● THE LAWYER'S DAILY Mar 4, 2022

ATTORNEY GENERAL DISREGARDS BENCH/BAR 
THE LAWYERS DAILY   LexisNexis 
Friday, March 04, 2022 @ 12:56 PM | By Michael Lesage

Responsible for co-ordinating and administering court services throughout Ontario, the Ministry of the Attorney General has long fallen well short of expectations. In addition to failing to note the advent of the Internet or taking effective steps to digitize court operations prior to the pandemic (which most other legal jurisdictions had done years earlier), it operated in an unaccountable and imperious manner, without seeking feedback from the public or the profession.

The result was a low-performing court system that couldn’t timely try cases, with average lawyer salaries that were correspondingly lower than in neighboring jurisdictions. Things had seemed to improve since the court system collapsed two years ago, but the Friday, Feb. 24 Notice to the Public and Legal Profession represented a significant step backwards.

Before we get into the notice, it must be recognized that the Ontario legal landscape is artificially “unique” in a bizarre, Kafkaesque manner. Though, like in other jurisdictions, Ontario lawyers represent the interests of their clients in (and outside of) court, Ontario lawyers are additionally required to continually fight with court services staff merely to accept routine legal documents for filing. In this regard, court services staff arbitrarily  reject one third of all (civil) paperwork submitted. Despite that, Friday’s Notice expanded, rather than restricted, the grounds upon which court staff could reject documents. Despite big talk and conciliatory words, it was yet another example of the Ministry of the Attorney General disregarding the roles of the bench and the bar.

For those unaware, Friday’s Notice limited acceptable formats for electronic signatures used in litigation, beyond those provided by the Electronic Commerce Act, 2000, S.O. 2000, c.17. Acceptable signatures are now limited to certificate-based signatures, such as Adobe or DocuSign, scans of “wet-ink” signatures, and certain non-wet handwritten signatures generated using a stylus, trackpad or touchscreen. Merely typing names, with or without font changes, are now verboten, though no guidance was given on whether signatures could be drawn, using a mouse, or cursive fonts used. Moreover, court staff were provided further discretion to reject documents based upon their subjective determination as to whether or not signatures meet the new requirements.  

At minimum, Friday’s Notice demonstrates a lack of understanding as to how those pretty tabbed and bookmarked court filings are actually created. Increasingly, this is done by lawyers working alone, who create the documents (typically affidavits) in word processing software. Same are then sent to clients for review, modification and ultimately approval. To date, a quick call could be held, at which point the lawyer could witness the client signing the document (by for instance typing in their name) and e-mailing it back, after which the lawyer could commission it. Thereafter, the lawyer would utilize their (expensive) secretarial toolkit to convert the document to pdf, and then assemble it along with any exhibits, vestigial tab pages, back pages and exhibit stamps and add bookmarks, prior to filing or attempting to file same.

Friday’s Notice adds further time and expense to the process, for apparently little benefit. Many motions are exceedingly routine; i.e. motions to amend, undertakings motions, or revolve around the failure to pay debts. To follow the dictates of the new Notice, lawyers would need to acquire further software, load the Word document into that software and then walk clients through its use. Alternately, their clients would have to print out the documents, sign them, scan them and then e-mail them back (or revert to in person meetings).

For lawyers’ own signatures, they would likely have to upload a copy of their signature once, and then insert that image (picture) into every document requiring their signature thereafter. While it’s understandable that certain documents need additional security (i.e. deeds), it is hard to see the new requirements as doing other than making routine litigation in Ontario even less efficient or affordable, while the additional ‘security’ offered is likely negligible and in most cases simply unnecessary (to say nothing of security issues arising from maintaining a large electronic database of lawyer and party signatures).

Intentionally or not, with Friday’s Notice, it appears that the attorney general is also calling the competence of Ontario’s judiciary into question. Specifically, the rules of the Superior Court are set by various committees (including the Civil Rules Committee) whose membership is made up mostly of the senior judiciary. Is the Attorney General really implying that Ontario’s judges are not competent to determine whether an electronic signature is fit for a particular purpose? Likewise, if the attorney general dictates the rules of court, why even have rules of court, a rules committee or separation of powers?

Like most problems in Ontario’s legal system, Friday’s Notice arose from a lack of consultation, feedback or accountability. The attorney general identified a real or perceived problem, then ordered a top-down solution, without any input from, or consideration by those who would be affected. In the process, he succeeded in taking an inefficient system, and making it more so, which is in contrast to the stated purpose of the court rules. He would have heard that had he consulted with the bench or bar beforehand, but as we know, that is seldom done in Ontario 

In advance of publication, I reached out to the ministry with respect to this Notice. Specifically, I inquired as to what evidence there was as to the need for this new rule, what mischief it was intended to address, along with what consultations, if any, were held beforehand. Likewise, I inquired as to the anticipated impact this new rule would have upon the rate of documents being rejected, along with whether any thought had been given as to anticipated costs to the public and profession. At the time of publication, no response had been received. 

Unlike space exploration, running a court system is not rocket science. In fact, most jurisdictions in Canada and the U.S. manage to do it much more effectively than Ontario. Thus, we do not need so much to “blaze a new trail” as to simply copy what is being done by jurisdictions that have better functioning court systems.

For Ontario, this means having better mechanisms for feedback (ideally at the local level), so that when problems are identified, prompt corrective action can be taken. This is accomplished in the U.S. by electing attorney generals (directly), judges and clerks of court. Perhaps it’s time to explore that kind of accountability here?
  
Michael Lesage is a trial lawyer and the founder of Michael’s Law Firm, a litigation boutique that specializes in complex cases involving professional negligence, business litigation, insurance coverage disputes and cases of serious injury. When not representing clients, he can often be found playing
competitive sports. He also sits as a bencher at the Law Society of Ontario. You can e-mail him at 
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About the People Behind PT•CRAO

 

 

Joanne Hardie C.C.R. - President | This email address is being protected from spambots. You need JavaScript enabled to view it.

Joanne became an accredited member in 2002 and certified through the CRAO in 2004.   For 12 years she was a court reporter in the Ministry of the Attorney General in Durham Region.  Joanne now operates Accurately Noted Reporting and Transcription Services, Inc.   Prior to becoming a court reporter Joanne worked in radio and television for a corporate broadcaster, and following that she worked for a not-for-profit organization which produced children’s magazines, books, and produced television programming for young children.

 

 

Gloria Scheerer C.C.R. - Treasurer This email address is being protected from spambots. You need JavaScript enabled to view it.

Gloria is the owner/president of Clearly Spoken Inc., Reporting & Transcription Service located in Kitchener, Ontario.  She started her court reporting career in the early nineties working for the Ministry of the Attorney General and after many years decided to launch out on her own journey as an entrepreneurial court reporter.  After hearing about and joining the Court Reporters Association of Ontario, Gloria set out to become a certified court reporter, received her Certification in 2007 and has been on the executive team since 2011, first as Official examiner, then came the treasurer position, which she still maintains.  In June of 2014, when the Ministry of the Attorney General introduced the new transcription model for in-court transcripts, Gloria became an Authorized Court Transcriptionist and maintains her authorization.   Gloria is a professional and is respected in the local legal community and the various business organizations she participates in.

 

 

Linda Lebeau - Secretary This email address is being protected from spambots. You need JavaScript enabled to view it.

Linda Lebeau began her career with the Ministry of the Attorney General as a court reporter in 1994.  Today, Linda is the successful owner of Lebeau Transcription Services Inc. (LTS), a company dedicated to providing bilingual transcriptions for both the private and court sectors for over 20 years.  Linda has also taught the Court Transcriptionist Course, Advanced Level, at Algonquin College and is a graduate of Ottawa University with a degree in criminology and sociology.  Linda’s professional experience and contribution over the years as a member of the PT•CRAO brings much value to her role as secretary.   

PT•CRAO Members in good standing

Names and details listed with permission


LINA BEARD, CCR, ACT
COURT REPORTING SERVICES
183 Front Street, First Floor
Box 22166
BELLEVILLE, ON
K8N 5V7
Tel (613) 966-5495
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

ELEANOR BUCK, CCR, ACT
COURT TRANSCRIPTION SERVICES
COBOURG, ON
Tel (705) 768-6723
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

ELISABETH BURNS, CCR
MEMBER IN GOOD STANDING
TIMMINS, ON

 

LYNN CARRIÉRE, CCR, ACT, Bilingual
TRANSCRIPTION SERVICES
ORLEANS, ON
email lynn.carriéThis email address is being protected from spambots. You need JavaScript enabled to view it.

 

 JENNIFER COFFIN, ACT
CHATHAM, ON
Tel (519) 436-9101
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

LISA CRAWFORD, CCR, ACT
MUSKOKA TRANSCRIPTION SERVICES
HUNTSVILLE, ON
Tel (705) 641-1682
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.muskokatranscripts.ca

 

DOLORES DALY, ACT
DRAGONSONG TRANSCRIPTION SERVICES
Tel (519) 215-2282
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

CHERYL DRISCOLL, ACT
ACCURATELY NOTED TRANSCRIPTION SERVICES INC
PETERBOROUGH, ON
Tel (705) 957-2415
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.accuratelynoted.com

 

ANNETTE DUQUETTE, CCR, ACT
DUQUETTE TRANSCRIPTION SERVICES
CHATHAM, ON
Tel (519) 354-5665
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

BRITNEY FACCHINI, ACT
ACCURATELY NOTED TRANSCRIPTION SERVICES INC.
TORONTO, ON
Tel (437) 580-4577
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.accuratelynoted.com

 

BETH GOSSELIN, CCR, ACT
ACCURATELY NOTED TRANSCRIPTION SERVICES INC
OSHAWA, ON
Tel (289) 685-3184
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

COLLEEN GOUPIL, CCR, ACT
NORTH BAY TRANSCRIPTS
590 GREY STREET
BRANTFORD, ON N3S 4Y1
Tel (519) 753-0213 Fax (519) 753-3760
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.northbaytranscripts.org

 

RUTH GRAHAM, CCR
OSHAWA COURT REPORTING
221 Simcoe St. N., Main Floor
OSHAWA, ON L1G 4T1
Tel (289) 685-7744
email This email address is being protected from spambots. You need JavaScript enabled to view it.
http://oshawacourtreporting.com/

 

JOANNE HARDIE, CCR, ACT
President, PT CRAO
ACCURATELY NOTED REPORTING AND TRANSCRIPTION SERVICES INC.
TORONTO, ON
Tel (905) 922-5002
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.accuratelynoted.com

 

JOANNE KNAAP, CCR
Member in Good Standing
NEWMARKET, ON

 

LYNN LAMMINEN, CCR, ACT
ARIES COURT REPORTING AND PROCESS SERVING
Tel (705) 531-3082 Fax (705) 531-3092
142 Algonquin Boulevard East
TIMMINS, ON
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

LINDA LEBEAU, ACT Bilingual
Secretary, PT CRAO
LEBEAU TRANSCRIPTION SERVICES INC.
ROCKLAND, ON
Tel (613) 892-1587
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.lebeautranscriptions.ca

 

MICHAEL MCLELLAN, CCR, ACT
WORD 4 WORD TRANSCRIPTION SERVICES
BRANTFORD, ON
Tel (519) 770-9490
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

LAURA LEE MILDON, ACT
LLM TRANSCRIPTION SERVICES
OSHAWA, ON
Tel (905) 914-1431
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

MONICA POLLEY, CCR, ACT
ACCURATE TRANSCRIPTION SOLUTIONS
BRAMPTON, ON
Tel (905) 866-2255
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.accurate-transcriptsolutions.com

 

KATHY PORRITT, ACT
ARIES COURT REPORTING & PROCESS SERVING
Tel (705) 531-3082 Fax (705) 531-3092
142 Algonquin Boulevard East
TIMMINS, ON P4N 1A7
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.ariescourtreporting.ca

 

GLORIA SCHEERER, CCR, ACT
Treasurer, PT CRAO
CLEARLY SPOKEN REPORTING AND TRANSCRIPTION SERVICES
Suite 1A-236 Victoria Street North
KITCHENER, ON N2H 5C8
Tel (519) 745-6400 Toll Free 1-877-867-4619
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.clearlyspoken.ca

 

DEBBIE SOUCY, ACT
OTTAWA COURT TRANSCRIPTION SERVICES
OTTAWA, ON
Tel (613) 301-4563
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.ottawacourttranscriptionservices.ca

 

CHRISTINE STRAY, CCR, ACT
OTTAWA COURT TRANSCRIPTION SERVICES
OTTAWA, ON
Tel (613) 302-9232
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.ottawacourttranscriptionservices.ca

 

GLYN TUCKER, CCR, ACT
TRANSCRIPTION SERVICES
LONDON, ON
email This email address is being protected from spambots. You need JavaScript enabled to view it.

  

AMANDA WALKER, CCR, ACT
MUSKOKA, ON
Tel (705) 787-6642
email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

JOAN WALSH, CCR, ACT
OTTAWA COURT TRANSCRIPTION SERVICES
OTTAWA, ON
Tel (613) 799-1154
email This email address is being protected from spambots. You need JavaScript enabled to view it.
www.ottawacourttranscriptionservices.ca

 

 

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