Synopsis

In the "new normal" of virtual hearings, lawyers are being asked to advocate for their clients in a new environment. There are various documents on best practices for running and behaving in virtual hearings, but not many cover the "nitty-gritty" of how to manage and present documents in the digital environment.

When it is no longer possible to hand a paper document to the court, to a witness or to the other side in a dispute, what processes can we use to make our case and, ultimately, to best serve our clients and the court?

In this session, Kate Gower discusses what is happening in Courts across Canada to maintain procedural integrity in virtual proceedings, and shares best practices for managing documents in the digital environment.

Outcomes:

• Find out where you and your practice sit on the spectrum of adapting to virtual hearings.
• Get hands-on experience with an electronic document management program recently placed in all Ontario courts, and also recently used in cases before the BC Supreme Court.
• Learn how to use "systems thinking" to present your electronic evidence in all your hearings, whether they are virtual or not.
   

 
About Kate Grower

Kate Gower is the lawyer responsible for Victoria B.C.’s first Electronic Trial (E-Trial) which ran 2014 – 2017 (West Moberly v. B.C., 2017 BCSC 1700).  She and her team built an E-Trial platform that allowed the parties to present and enter exhibits with the court in the digital environment without using any proprietary software.

As the COVI19 pandemic has unfolded, the technical elements of how to hold virtual hearings are being developed, but the “nitty gritty” of how to effectively present and enter documents in the on-line environment – the domain of civil procedure and evidence – remains under-thought. 

Kate has been collecting information on E-Trial document processes and developments across Canada since 2013. Every time she hears about an E-Trial somewhere in Canada, she shares it publically on her website on the Modern Law Blog.

Her enthusiasm for improving legal processes has made her a leader in the field of Canadian E-trials.  Since the successful E-Trial of West Moberly v. B.C., she has been directly involved in the following E-Trials.

• As legal counsel and bringing the West Moberly E-Trial Platform back into court to argue costs before the Honourable Mr. Justice Johnston in 2018. 
• As E-Trial Consultant to set up the trust administration case Hutchison v. Moore to run on CaseLines in early 2019 before the Honourable Mr. Justice Dley  This case is set to go before the Court of Appeal in fall 2020, still using CaseLines. 
• As legal counsel for The Nuchatlaht v. BC, responsible for the E-Trial (an E-Application in this case), when the Plaintiffs argued their portion of 9 days of applications on CaseLines before the Honourable Mr. Justice Myers in fall 2019. 
• As an E-Trial Expert, contracted to all seven parties, for the Aboriginal title action, Cowichan Tribes v. BC before the Honourable Madam Justice Young. The case is running on REDI. Trial began in September 2019 and is ongoing.
   

Kate also runs a successful Aboriginal law practice. Kate and her legal teams have changed the law in Canada on how the Metis are identified and consulted by the Crown, and have given one of Canada’s numbered treaties a new Western Boundary.

Learn more about E-Trials at www.GowerModernLaw.com
 

Acknowledging First Nations Territories
This webinar is hosted by CBABC, which is located on the traditional and unceded territory of the Coast Salish peoples, including the Squamish, Tsleil-Waututh and Musqueam First Nations. We encourage our members to explore the rich history and knowledge of Indigenous people, and to continue learning about their experience in Canada, past and present.