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“Ontario Lawyers Face Challenges with New Court Portal”

A new online platform introduced to improve access to Ontario’s court system is causing frustration among some lawyers due to unexpected delays and challenges in case management months after its launch. The Ontario Courts Public Portal was first introduced in Toronto last autumn to enable individuals to submit documents, make payments, and obtain virtual links for court proceedings in non-criminal cases, such as Superior Court family, civil, small claims, bankruptcy, Divisional Court, enforcement cases, and provincial court family matters.

Although digital access to criminal cases is planned to expand in Phase 2 next year, the Ontario government aims to have the system implemented province-wide by 2030, emphasizing its enhanced transparency and accessibility. Despite the positive shift toward a more modern court system, certain lawyers find the new portal complex and cumbersome to navigate, leading to operational challenges that hinder legal processes and potentially erode public trust in the judicial system.

Lawyers report that tasks that previously took a day or two, like scheduling motions or issuing statements of claim in lawsuits, now take weeks, causing delays that impact case progression. Moreover, the new portal lacks full integration with the Superior Court of Justice’s mandatory document-sharing platform, potentially omitting some cases in which lawyers are involved. Additionally, the ability to efficiently search for cases using party names has been removed from the new portal.

Jay Nathwani, a Toronto-based construction lawyer, expressed dissatisfaction with the portal’s functionality, highlighting the inconvenience of needing to access a public terminal at a courthouse to retrieve file numbers for case lookup. Nathwani emphasized the importance of implementing online systems that are at least as effective as their predecessors, if not better, to avoid unnecessary complications for users.

Furthermore, lawyers have encountered delays in scheduling motions and issuing claims through the portal, raising concerns about meeting statutory limitation periods for legal actions. The inability to promptly receive feedback on filed claims can result in critical issues being identified too late, impacting legal proceedings and causing anxiety for legal practitioners.

Eric Sherkin, a commercial litigation lawyer in Toronto, highlighted the prolonged waiting period associated with online claim filing and the uncertainty it creates for clients and legal professionals. He shared an incident where accessing a scheduled hearing via the portal was problematic, underscoring the need for improvements to ensure a smoother and more efficient process for all users.

The Attorney General’s office stated that over 25,000 individuals have registered on the portal since its launch, with more than 73,000 submissions received. Efforts are underway to gather feedback from users and enhance the portal continuously to ensure user-centricity and transparency throughout its phased implementation. The Ontario Bar Association noted positive reception among its members for the new portal and ongoing collaboration between the courts, the government, and the legal profession to address any issues and facilitate a successful rollout.

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