Law Times

Law Times • February 23, 2015 Page 9 www.lawtimesnews.com Lawyer touts 'miracle' in motions court By yamri Taddese Law Times fter years of motions backlogs in Toronto, lawyers say change is finally in the air at the Superior Court as a new effort en- courages judges to manage cases and not just motions. Judges sitting in the motions court, recently rebranded as the civil practice court, have started doing some problem solving without requiring parties to bring a formal motion. "It's like a miracle," says Teplitsky Colson LLP lawyer Harvin Pitch. "On an overview level, this now allows the system to work because problems now get worked out in real time before a judge who applies a practical solution without paperwork." Last week, Pitch appeared before Superior Court Justice Fred Myers to schedule a summary judgment motion. Pitch says Myers told coun- sel they could come back to him for guidance if they ran into issues dur- ing cross-examination. That's something they previously would have had to resolve with a motion. The so-called motions culture in Toronto had created a massive backlog that meant waits of up to seven months to bring even the sim- plest of motions. In 2013, lawyers couldn't find dates for complex mo- tions earlier than 2016. At the instruction of Chief Justice Heather Smith, a civil justice re- view committee has been working to bring the wait time for complex motions to four months. In a recent report, the committee, spearhead- ed by Justice Geoffrey Morawetz, concluded more case management was necessary. The court sent out a notice to the profession in the fall about the rebranded civil practice court as well as a number of other new rules around booking motions. In an October report, the civil review project committee said there simply isn't enough time for presiding judges to do all aspects of case management needed in a matter. It suggested other judges on the civil list should now do case management work as well. "The objective remains constant: to provide guidance and assistance for matters subject to case management, ensuring they are provided en- hanced direction to be resolved in an organized, timely, and cost-effec- tive basis," the report says. "Obviously, to ensure that the system works, a significant degree of co-operation from the bar will be required." So far, the progress has been visible, according to Pitch. "They've got it set up now that this practice court is primarily a mo- tions court but they recognize that Toronto has a motions mentality," says Pitch. "Instead of fighting it, instead of saying you can't bring mo- tions, they bought into the commercial list process of the 9:30s," he says. On the commercial list, counsel meet with a judge at 9:30 a.m., half an hour before hearings start, to deal with consent and scheduling mat- ters as well as some case management issues. "It's all expedited, real time," says Pitch, adding the new structure is an improvement on a system that had counsel bringing motions for disputes that arose within another motion, effectively derailing the original proceeding. But lawyers have to go to judges for guidance on important issues in a case and not "routine" disagreements, says Pitch. Instead of a sole judge running the motions court, three or four of them now sit on the civil practice court at the same time with one of them dealing with self-represented litigants. "It's really streamlining the process," says Toronto lawyer Allan Rouben. "It seems to me what they're trying to do is replicate in some way the system that currently exists on the commercial list." Sotos LLP lawyer David Sterns likens what's happening between counsel and judges under the new protocol to what he calls "motion lite." "It's not a heavy-handed approach; it's not going to be overbearing and telling counsel you must do this by this date," he says. "It's giving counsel an outlet to have a motion lite instead of a full-blown mo- tion to break an impasse or to put the case towards trial or summary judgment." How much case management a judge is willing to do without sending the matter to a hearing will depend on who's presiding, ac- cording to Sterns. As of November 2014, parties can only book motions in the next 100 days. They may not adjourn a hearing within two days of the scheduled date in the absence of "extenuating and exceptional cir- cumstances," according to the review committee. LT NEWS Order # 986332-65203 $241 Hardcover approx. 1000 pages June 2014 978-0-7798-6332-7 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00227XB-A48898 Gain a sharp, clear explanation of the principles underlying significant developments in the field with Principles of Administrative Law, 6th Edition. 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Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 A 'Instead of fighting it, instead of saying you can't bring motions, they bought into the commercial list process of the 9:30s,' says Harvin Pitch. New Edition McLeod's Ontario Family Law Rules Annotated 2014-2015 The Honourable Mr. Justice Henry Vogelsang, Brahm D. Siegel, Glenda McLeod, and The Honourable Mr. Justice Barry Tobin Two respected family law judges and two seasoned family law lawyers share their expertise and unique perspective to give you a solid understanding of the rules and how they function in the real world of family law – continuing the work begun by the preeminent Professor James McLeod. No other publication contains more information, covers more cases, or provides more in-depth analysis than McLeod's Ontario Family Law Rules Annotated 2014-2015. 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