Law Times

LAW TIMES / APRIL 14, 2008 NEWS SCC begins testing e-filing procedures BY ROBERT TODD Law Times cedures this week hoping to work out any kinks in the system before the fall, when parties to appeals must start filing electronic versions of notices of appeal, factums, records, and books of au- thorities. "We T definitely want to test the waters, start small," says the court's registrar, Anne Roland. "That's the only way we can learn — us- ing a real situation, because we can test all we want. It's in the courtroom that [we'll see] what works, how we need to improve what we have before we launch a more comprehensive use of electronic documents in the courtroom." The new e-filing pro- cedures take hold with all appeals to be heard starting Oct. 6. The court will continue to require submission of a re- duced number of printed ver- sions: 13 copies of factums, 13 copies of parts one and two of appellant's records and five copies of any other volumes, five copies of respondent's re- cords, and 13 copies of books of authorities. This is nearly half the paper load previously demanded. The court will allow e- filings to be made up to five business days after printed ver- sions are submitted, and will continue to require condensed books be provided on hearing dates. Materials filed on CD- ROM will be accessed during hearings via electronic equip- ment installed throughout the court chambers, includ- ing computers installed in the judge's bench, the lectern, and counsel tables. The new guidelines for e- filing apply only to appeals. Leave to appeals will continue to operate with paper filings. "It's quite exciting, and with some anxiety, we'll have to see how this works," says Roland. "We know it's a test and it won't be perfect," she adds, noting paper copies also will be available should things go awry. Roland says Supreme Court staff has been working hard to make the pilot project, which involves cases set for April 17, 18, and 25, run as smoothly as possible. They have focused specifically on making it eas- ier for lawyers and judges to search documents on court- room computers. "At this point it's just a big change . . . It's a real learning curve for everybody," she says. While court staff has faced inevitable technological road- blocks in preparing for the pi- lot project, Roland says none he Supreme Court of Canada begins testing e-filing pro- it comes to working through the e-filing system. "The Supreme Court rules require that there be an agent for filing, and I think now as a practical matter you really need one, just in navigating through these unknown waters," she says. "Having been part of the pilot project . . . BLG certainly will be well placed to help develop all the elec- tronic materials required by the court." Brown adds, "I think this is going to be an interesting shakedown period." While lawyers will have 'Assuming that the paper savings will result in cost savings for the client — the ultimate users of the court — there may be a question of access to justice being expedited,' says Carole Brown. have been "showstoppers." She says the court has been using computer applications most people are used to, such as PDF documents. A number of other courts in the country have taken on e-filing initiatives. The Federal Court of Canada, Tax Court of Canada, Alberta Court of Ap- peal, Ontario Court of Appeal, and P.E.I. Supreme Court are some of the places where e-fil- ing has been introduced. But Roland says that the SCC, while aware of the work in those courts, has had to carve fresh tracks when it comes to creating its practices. "Our situation is really very different, in a way, from lower courts," she says. "For instance . . . at most they'll have three judges, and our hearings are timed." While Roland is wary — due to the price of tech- nology — of suggesting the e-filing system will lead to cost savings, she hopes it will shrink the paper load the court deals with. "This won't happen over- night. We are doing it step-by- step and testing the water and we will be tweaking it for the next little while," she says. A couple years down the line, says Roland, the court hopes to have an e-filing portal on its web site that will elimi- nate the need for materials to be filed on disc format. Carole Brown is a partner at Borden Ladner Gervais LLP's Ottawa office. She heads the firm's Supreme Court agency practice, which is acting for the respondent's counsel in the April 25 case RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc. It is one of the three cases involved in the e- filing pilot project. Brown says lawyers will in- creasingly rely on agents when E &DUR H PREFERRED SUPPLIER S A savings to get up to speed in terms of the court's new electronic procedures, the e-filing sys- tem also could have a broad- er impact on the administra- tion of justice, says Brown. "Assuming that the paper will result in cost savings for the client — the ultimate users of the court — there may be a question of access to justice being ex- pedited," she says. Lawyers are working to balance the open-court prin- ciple aspects of e-filing and the online accessing of court infor- mation, which touches upon matters of confidentiality, says Brown. "The work, in terms of what is going to be necessary to pro- tect the confidential informa- tion, but to also permit open access to the courts, is some- thing that's being talked about LT PAGE 5 Bastarache steps down S BY ROBERT TODD Law Times upreme Court Justice Michel Bastarache abruptly announced last week he will step down from the court at the end of its spring session. He has served on the top court since 1997, when he made the shift from the New Brunswick Court of Appeal. "It is a great honour and privilege to be asked to be a member of the Supreme Court of Canada," said Bastarache in a release. "There are but a small number of jurists who have had the opportunity to serve their country in this capacity, and to have the chance to participate so directly in the development of the law. I am extremely grateful for the privilege of serving as a member of the court." Chief Justice Beverley McLachlin on April 9 announced Bastarache's decision to end his stint on the court on June 30. "Justice Bastarache has served on the court with wisdom, and made enormous contributions to the court and to Canada," said McLachlin. "He is a valued colleague and a friend, who will be missed by all the members of the court." Bastarache, 61, previously served as a legal translator in the New Brunswick government, and was president and chief executive officer of insurance and financial services company Assumption Life. He was a law professor and dean of the University of Moncton Law School from 1978 to 1983, and associate dean of the common law section at the University of Ottawa's Faculty of Law from 1984 to 1987. "I know that the Canadian government will consider the appointment of a new justice with the care and deliberation required," said McLachlin, adding that she hoped the appointment would be made by October, when the court's fall session begins. Bastarache didn't immediately comment on the reason for his departure, but the Globe and Mail reported there was talk in the legal community that poor health, which kept him from hearing a number of recent cases, may have been a factor. LT Marketplace COUNSELING Dr. Valentin Shulman: Helping legal professionals to overcome depression and stress since 1989. Individual sessions, telephone coaching. Call (416) 766-6185. DD LT RXQTB-04 Frntr ad 4/4/08 11:41 AM Page 1 To advertise call 905-841-6481 Office Furniture C that will leave your clients and employees with a positive lasting impression. I N CE 1 9 9 Kriya Series Executive High Back Multi-Tilter Chair Kriya is loaded with ergonomic features! Ratchet back height adjustment, independent infinite position back angle adjustment, seat depth adjustment, infinite tilt lock control and adjustable forward seat tilt angle allows you to adjust the chair for your personal comfort. 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