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Ontario Superior Court New Notice to the Profession


artsydork
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epeeist
  • Lawyer
14 minutes ago, artsydork said:

New notice to the profession. Lots of new restrictions on what can be filed. Always a joy. 

Your field to comment on, aren't there enough unrepresented litigants in family law that this should be a notice to everyone, not to the profession; and, written in a more comprehensible manner for non-lawyers especially?

Or contrariwise, if unrepresented litigants aren't subject to all these restrictions, that's its own unfairness.

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artsydork
  • Lawyer
1 hour ago, epeeist said:

Your field to comment on, aren't there enough unrepresented litigants in family law that this should be a notice to everyone, not to the profession; and, written in a more comprehensible manner for non-lawyers especially?

Or contrariwise, if unrepresented litigants aren't subject to all these restrictions, that's its own unfairness.

I fully agree. Something like 75% of cases are self reps. Mind you, self reps rarely do anything this long and counsel get roped into assisting them file (even during motions 🤪).

I expect that this will ultimately get posted in some of the self-rep groups though.

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BlockedQuebecois
  • Lawyer

Just be grateful they aren’t making you call all the family law judges “Marie”:

 

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Aureliuse
  • Lawyer

I think the page limits are much needed, except I think 12-pages for an affidavit is a bit restrictive. Maybe I would stop at 20 pages (like facta in some regions).

I have been on the receiving end of a couple motion affidavits (with exhibits) that resemble the length and density of a 5-year-old continuing record and three-week trial record. I use some of them to bench press in the office. 

I had one counsel in my region who tried to cram a dozen affidavits from (ahem, the entire village) everyone in his/her client's family into the motion.

Nothing makes my head spin than an opposing counsel who thinks it is appropriate to cram 12-13 complex issues into an one-hour motion, then accuses me of trying to delay the matter by putting it to a long motion.

@artsydorkThis one is definitely for self-reps:

Litigants must not include as attachments voluminous texts, emails and/or social media postings. Instead, only the relevant and necessary excerpts from these communications should be referred to in the conference brief itself;

I swear I will lose it if I have to read another long chain of text messages about one parent not following COVID protocols.

Edited by Aureliuse
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artsydork
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Meh, I have a case where the 75 pgs of texts were needed. I've won at 2 focused hearings by honing in on the context of my client's poor text messages.

Lawyers already cherry pick - this is going to encourage it more. 

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