TORONTO, ON, November 30^th, 2021

Syngrafii acknowledges this decision made by the Ontario Superior Court of Justice that argues that the legal profession “With the current pace of change, everyone has to keep learning technology. Counsel and the court alike have a duty of technological competency in my respectful view.”

WORSOFF v. MTCC 1168, 2021 ONSC 6493 

Paragraph 32 is of interest

 (par. 32):

As to the balance of convenience and any other relevant matters, Mr. Marcovitch submitted that just because virtual procedures are “easier and more convenient” does not overcome the presumption that examination in person is the best way to examine a witness. Au contraire I say. Efficiency, affordability, and enhanced access to justice trump counsels’ comfort and presumptions every time. With the current pace of change, everyone has to keep learning technology. Counsel and the court alike have a duty of technological competency in my respectful view. Older judges and counsel may be behind younger counsel and the rest of society who use computers with greater regularity and sophistication than we do. But everyone in the civil litigation system in Ontario has had to learn to use the Civil Submissions Online portal and Caselines for example. Technological change affects everyone. Once upon a time, I had to learn how to use a Gestetner (Google it) and then a fax machine. I do not accept that in person is just “better”. It can be in some cases. But if counsel just prefers it because he or she is more comfortable with it, ought we to reject the printer because I liked my Gestetner (and Word Perfect for that matter)? The balance of convenience favours easier and more convenient processes with accompanying cost savings. [Emphasis added.]

DATE: 20211001

ONTARIO SUPERIOR COURT OF JUSTICE 

RE:            WORSOFF, Plaintiff

-and-

MTCC 1168 et al., Defendants

BEFORE:   F.L. Myers J.

COUNSEL: David Plotkin, for the defendant MTCC 1168 and Crossbridge Condominium Services Limited.

David Marcovitch, for the plaintiff

Spencer Toole for Brian Horlick and Horlick Levitt Di Lella LLP

HEARD:      September 27, 2021