Advocacy-Matters-Winter-2024

that many disagreements can be resolved if
there is collective acknowledgment that outof-court
agreement is best. Sometimes, all it
takes is a simple phone call.
Further, we have civil procedure tools at
our disposal to address these issues before
they reach the docket. Demands for particulars,
requests to admit, and interrogatories
are all great examples of underutilized tools
available under the rules that can efficiently
develop the evidentiary record and move cases
forward without lengthy hearings.
But if out-of-court efforts fail to resolve the
dispute entirely, there are other ways to get
before a judge outside the “normal” process
of scheduling a contested motion or trial:
• Though not available in all jurisdictions,
motions in writing are useful to get a decision
without scheduling an appearance.
In some courts, motions in writing are encouraged
or mandatory. Where facts or
credibility are not seriously disputed, a
motion in writing is an excellent resource
for litigants.
• We can also take advantage of resources
such as judicial mediations or settlement
conferences. In most provinces, such procedures
are available to address the proceeding
as a whole, or discrete contested
matters. In many jurisdictions, judicial mediations
and settlement conferences are
available much sooner than short or long
motion dates.
• In more complicated matters, consider
case management. Where case management
is available, disputes can be brought
before the case management judge in writing
or by case conference, usually much
more quickly than conventional hearings.
• Again, though not available in all jurisdictions,
in some provinces there is a “triage
list”, where matters that are set for a later
hearing date can be moved up if an earlier
date becomes available.
It is our collective responsibility, as advocates,
to find ways to effectively serve our clients’
needs within the limitations of our civil justice
system as well as to ensure the efficient use
of court resources. We encourage everyone
to get creative in that pursuit.
DIGITAL FORENSICS &
LITIGATION SUPPORT
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Our expertise lies in scrutinizing digital
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Digital forensics done right!
Computer and Mobile Phone
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Ed. note - In Part 2 of “Justice Delayed,” coming out in our Spring Issue, we will explore longer term
solutions for the civil delay epidemic.
Employment Law and IP Theft
Cases
Expert Witness Reports and
Opinion Evidence
Metadata Analysis
Anton Piller Order Support and
Collection of Data
dfiforensics.ca
info@dfiforensics.ca
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1-800-851-9321
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