Tag: legal profession
As many are aware, the Superior Court of Justice has essentially shut down operations, subject to certain narrow exceptions, in light of COVID-19.
On May 13, 2020, a Consolidated Notice to the Profession, Litigants, Accused Persons, Public and Media was published regarding “Expanded Operations of Ontario Superior Court of Justice, effective May 19, 2020”. The Notice can be read in its entirety here. Below, I discuss some of the highlights relevant to the estates list.
- The Notice specifically denotes that the Superior Court of Justice has not closed and that it continues to expand its operations virtually – in writing, or by telephone or video conference hearings. It is further highlighted, that during the suspension of regular in-court operations, lawyers and parties are expected to actively move cases forward.
- Although the requirement to gown for a Superior Court of Justice appearance is suspended, parties participating in video conferences are expected to dress in appropriate business attire and should have an appropriate technical set-up and observe etiquette appropriate to the nature of remote hearings. In fact, some guidance from the Superior Court of Justice on the issue of technical set-up can be found here.
- On the issue of filings, the Notice indicates that factums should be hyperlinked to relevant cases (instead of filing a Brief of Authorities) and there is a very specific format of the email that is to be sent to the Court to request dates or file materials. Importantly, the size of emails has been expanded to 35MB, however, it is also noted to limit filed materials to only those necessary for the hearing (in addition to the restrictions related to the length of material, already in place).
- Although materials are being filed electronically, given the pandemic and the need to isolate, the Superior Court of Justice expects that all materials filed electronically be later filed in hard copy with the Court and the requisite filing fee be paid. That means, that it is important to keep track of all materials filed electronically, as there is a positive obligation to deliver hard copies and payment for the filing, at a later time.
- Service via email is permitted such that it is not necessary to obtain consent or a court order to serve a document by email where email service is permitted.
- Whereas, urgent matters continue being heard (subject to the Superior Court of Justice’s discretion to decline to schedule for immediate hearing any particular matter listed in the Notice), the following Toronto Commercial and Estate List matters are being heard (the Notice to Profession – Toronto, can be found here):
- Select motions;
- Select applications;
- Case management conferences;
- Pre-trial conferences; and
- Judicial settlement conferences.
Reviewing this Notice shows that court services are expanding. Certainly, one positive effect of the pandemic has been the overall embrace of various technologies by the Superior Court of Justice, that had not been in place before.
Here is to hoping that the restrictions associated with COVID-19 are soon lifted and the pandemic blows over. At the same time, I am certainly excited to see whether we will see a significant change in court operations moving forward, as a result of this involuntary technological leap forward.
Thanks for reading!
Find this blog interesting? Please consider these other related posts:
Today on Hull on Estates David Smith and Moira Visoiu discuss New Year’s resolutions for legal practitioners. Specifically, they mention the December 2012 issue of LAWPRO Magazine. A few of the best practices mentioned include the use of checklists and time management tools as well as tips for thorough documentation.
Please email firstname.lastname@example.org or leave a comment on our blog if you have any questions.
Click here for more information on Moira Visoiu.
Law, like any coin, or the law of nature itself, has two sides that are equal and opposing forces: The drive to be to be a noble profession and a successful business. Another simple truth is that opposites attract and, when co-existing in proper harmony, form an unstoppable and impenetrable force.
Yesterday, I mentioned the five laws of stratospheric success. These laws are the theory of Bob Burg and John David Mann expressed in their best-selling book, The Go-Giver. This little red book is a parable; a quick and enjoyable read. It won’t take much of your time to read it, but you just might spend the rest of your life applying it.
The five laws are:
- The law of value – your worth is determined by how much more you give in value than you take in payment
- The law of compensation – your income is determined by how many you serve and how well you serve them
- The law of influence – your influence is determined by how abundantly you place other’s interests first
- The law of authenticity – the most valuable thing you have to offer is yourself
- The law of receptivity – the key to effective giving is to stay open to receiving
Creating opportunities in one’s career is a concept that has been scientifically studied and reported in educational journals. Scholarly publications on serendipity, synchronicity, and happenstance, all attest to the theory that one’s career development is not linear, progressive, and rational. Career destiny cannot be predicted in advance. Rather, it is a function of the beneficial, unplanned and unanticipated events, opportunities and learning experiences that are generated by one’s actions.
How then, as lawyers, do we reconcile our need for certainty and control with the thought that our careers are at the mercy of the fickle finger of fate? In considering this theory, it is important to note that we always have control over our actions and choices, which in turn determine our professional experiences and opportunities. This is not just dumb luck.
I have had the privilege of speaking with many successful lawyers over the years and what they all have in common is that they have all instinctively applied the five laws and have invariably experienced the power of happenstance in their careers.
Once such successful person is Chief Justice Warren Winkler of the Ontario Court of Appeal, with whom I have recently had the pleasure of speaking about how one becomes successful in the legal profession. If you are interested in hearing his thoughts on this topic first hand, you can do so on March 30, 2011 at a special event being held by WLAO.
Sharon Davis – Click here for more information on Sharon Davis.
There is a big difference between a profession and a business – or is there? Traditionally, lawyers have been taught to believe that law is a profession, not a business. The majority of us do what we do (partly or only) because we want to help people, to make a difference.
I heard exactly this at the recent tribute to the life of one of Ontario’s more extraordinary lawyers, Laura Louise Legge, held by the Law Society of Upper Canada. Mrs. Legge, who passed away on October 5, 2010, was LSUC’s first female bencher and first female treasurer. Mrs. Legge was a brilliant woman loved and respected by all who knew her. Those who spoke recounted the story of her amazing personal and professional accomplishments. Her rich life was marked by generosity and appreciation of the needs of others.
If, as Mrs. Legge has been heard to say, you don’t get into law to make money, but to help others, then how do we reconcile this with the need to be profitable enough to keep your doors open to those who need you? In recent (precarious) economic times we have learned that you cannot practice your profession unless you effectively run your business. The practice of law is just not the same as it was in 1948, when Mrs. Legge was called to the bar, or even 1983, when she first became treasurer of LSUC. We now live in the competitive internet age where not only access to information, but access to a wide variety of professionals, is just a click away.
Of course, all of this begs the question of whether one can make a success of oneself while putting others’ needs and interests ahead of their own. I suggest that not only can it be done, it must be done if one is to achieve extraordinary success of the kind achieved by Mrs. Legge. In fact, it is the first of the five laws of stratospheric success. Tomorrow, I will discuss these five laws and the theory behind them as related to success in law. I’ll bet that you are just a little bit curious…..
Sharon Davis – Click here for more information on Sharon Davis.