“Whoopty-do. But what does it all mean, Basil?” – Austin Powers
This post is Part 3, the final entry in a series examining the ONSC’s five-year plan “Leading the Justice System Into the Future: Five Year Strategic Plan for the Ontario Superior Court of Justice”. Links can be found here to Part 1 and Part 2 on the Hull & Hull blog.
This blog is firmly rooted within the world of civil litigation, and it is a rarity to see reference to criminal law referenced within these pages. However, now almost a decade after its delivery, it is worth considering the lingering impact of the Supreme Court of Canada’s decision in R. v. Jordan, 2016 SCC 27. The decision, which established hard ceilings on the time frame in which criminal trials may be conducted before being subject to a presumption of unreasonable delay.
The effect of this landmark decision has been felt throughout Ontario’s judicial system, which has already been subject to considerable strains on its judicial resources and court staff, on which my colleague Doreen So discussed in her 2023 blog. These systemic challenges were further amplified by the enormous logistical challenges presented in 2020 by the onset of the Covid-19 pandemic.
The reality is that a reversion to the system of 2016 is not logistically possible. Based on a review of publicly-facing resources, the ONSC currently has a complement of approximately 275 judges, including those who are supernumerary. All of whom are capable, experienced, and hardworking. However, these judges face a considerable challenge that must be recognized. According to the Court’s published data, in Toronto Region alone, 23,962 civil proceedings were added to the Court’s caseload in 2024, bringing the number of active civil proceedings to a gargantuan 66,148 matters in aggregate. Province-wide, the number grows to a startling 179,272 active proceedings.
No group is more familiar with the challenges facing the ONSC than its senior judiciary who authored the five-year plan. Recognizing that delay has a corrosive effect on the public’s institutional trust in the judicial system, the ONSC’s leadership has also correctly recognized the role that technology and streamlined systems must play in the challenges facing our judicial institutions.
Lawyers can, and must be part of the solution. Proficiency with electronic tools such as Case Center and remote hearing skills are no longer optional as the courts progress towards the Courts Digital Transformation (CDT) initiative. Within practice, the gradual adoption of AI tools will similarly help to accelerate the progress of files – and for lawyers who are still wary of adopting these tools, an excellent resource is available through the Ontario Bar Association’s AI Academy – a fantastic resource that is available for free to all OBA members.
While technology is not (and should not) be the solution to all of the challenges facing Ontario’s courts, it remains an important component piece of the multi-pronged solution set out by the 2025-2030 Strategic Plan.
Thanks for Reading!