A recently introduced online platform in Ontario designed to simplify access to the court system is causing frustration among some lawyers due to unexpected delays and new challenges in case management, several months after its launch. The Ontario Courts Public Portal was first introduced in Toronto last autumn to enable individuals to file documents, make payments, and locate virtual links for court hearings in various non-criminal matters, including Superior Court family, civil, small claims, bankruptcy, Divisional Court, enforcement cases, and provincial court family cases.
The digital access to criminal cases is planned to expand in the next phase, with the Ontario government aiming to implement the system statewide by 2030, promoting it as a more transparent and accessible tool. Despite the move towards a more modern court system, some lawyers find the new platform difficult to navigate and lacking in user-friendliness, resulting in delays that hinder the legal process and potentially erode public trust in the judiciary.
Tasks that previously took only a day or two, such as scheduling motions or issuing statements of claim in lawsuits, can now drag on for weeks, causing a ripple effect on the progress of cases. Furthermore, lawyers have noted that the new portal does not seamlessly integrate with the Superior Court of Justice’s essential document-sharing platform and may not display all cases in which a lawyer is involved. Additionally, the ability to search for cases by the name of the parties involved, a feature available in the previous system, is no longer efficient.
Jay Nathwani, a construction lawyer in Toronto, emphasized the need for a new online portal to be at least as effective as the system it replaced. He highlighted the inconvenience of having to physically visit a courthouse to obtain a file number required to look up cases, a process that complicates matters and goes against the principle of open courts. Nathwani expressed concerns about the delays in scheduling motions and issuing claims through the portal, particularly when time-sensitive legal actions are at risk of missing statutory limitations.
Eric Sherkin, a commercial litigation lawyer, shared similar sentiments regarding the lengthy and uncertain wait times associated with filing claims online. He noted instances where delays in accessing essential information from the portal have caused stress and confusion among legal practitioners and their clients. Sherkin recounted a situation where the lack of a videoconference link for a scheduled hearing created last-minute chaos, underscoring the challenges posed by the new system.
Despite these issues, a spokesperson for Attorney General Doug Downey reassured that the government is actively collecting feedback and collaborating with users and justice sector stakeholders to enhance the portal’s functionality. The Ontario Bar Association acknowledged that while there have been some adjustments and growing pains with the new platform, overall feedback from its members has been positive, with many viewing the transition as relatively smooth compared to other digital transformations in the justice sector.