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Virtual Advocacy: Litigating from a Distance

This book provides Canadian lawyers, judges, mediators, arbitrators, and others with key insights to navigate the new virtual world, focusing on advocacy on a national level.

Publication Language: English

Hardcover | 434 pages

In Stock
Published: February 28, 2023
ISBN/ISSN: 9780433525134

Product description

As Justice David Brown of the Court of Appeal for Ontario states in his Foreword, the contributions to this book offer “a national survey of when courts use virtual hearings and provide advocates with practical information about how to navigate the new and evolving world of hybrid courtrooms and tribunals.”

The onset of the COVID-19 pandemic in 2020 necessitated a swift shift in the functioning of the Canadian judicial system – from paper-heavy, in-person appearances to virtual proceedings based on pleadings delivered electronically. Over time, litigators and the courts have continued to adapt and have finessed the processes necessary for effective virtual advocacy.

Drawing on the expertise of contributors from across the bar – including leading legal practitioners, litigators, students, law clerks, and legal aid services, as well as trial and appellate judges – this new national practice guide, Virtual Advocacy: Litigating from a Distance, provides valuable insight into best practices for navigating the new virtual litigation landscape.

Indispensable Advice
The first comprehensive authority on virtual advocacy in Canada, this text is structured to mirror the natural trajectory of a litigation file, offering guidance through every stage of the process at every level of court in Ontario and federally. Each chapter is organized to succinctly cover the history of the adoption of virtual proceedings, as well as the procedural and tactical considerations of the litigation milestone in question.

It isn’t necessary to read the full volume cover-to-cover. Rather, readers can use Virtual Advocacy: Litigating from a Distance as a future-oriented practice guide, choosing to turn to the relevant sections – such as Motions and Applications, or Trials, or Appeals – as their matter proceeds in the virtual courtroom. By focusing on the issues, practices and strategic matters that every litigator faces, this book is sure to serve as a lasting practical resource.

A quick-reference, annotated guide to key case law is also included and offers important perspectives on the development of COVID-19 and virtual proceedings, written not only by practitioners but also by the judges who made the law.

Broad Appeal
Virtual Advocacy: Litigating from a Distance will be a useful acquisition for anyone involved in litigation – whether practitioners, litigators, judges or students. It will help lawyers to manage their virtual advocacy efforts in an effective and persuasive way and to assist their clients and the court with adjudicating their legal disputes on the merits in a meaningful and cost-efficient manner. Judges will gain a sense of how the bar approaches virtual advocacy and students will learn key pointers as they begin their careers.


Featured Authors

Table of contents

Foreword – The Honourable Justice David M. Brown
About the Authors
Preface – Sean Petrou and Akiva Stern

Chapter 1: Out of Court Examinations – Michael D. Briggs and Jordan Bierkos
Chapter 2: Motions and Applications – Sam Rogers and Jacob Klugsberg
Chapter 3: Key Conferences (Mediation and Pre-Trial) – Alexandra Cocks and Eric Pellegrino
Chapter 4: Trials – Moya Graham
Chapter 5: Appeals (Divisional Court and Court of Appeal for Ontario) – Sarit E. Batner and Holly Kallmeyer
Chapter 6: Federal Courts – Jamie S. S. Holtom, Edwin Mok and Andrew Medico
Chapter 7: Supreme Court of Canada – Michael Feder and Connor Bildfell
Chapter 8: Small Claims Court – Deputy Judge Dennis Ong

Chapter 9: Administrative Tribunals – Robin McKechney and Alexander Steele
Chapter 10: Commercial Arbitration – Thomas N.T. Sutton

Chapter 11: Privacy – Gillian P. Kerr and William Main
Chapter 12: Access to Justice – Justice for Children and Youth, Mary Birdsell, Emily Chan, Joie Chow and Jane Stewart
Chapter 13: Annotated Jurisprudence – Adam Dobkin
Chapter 14: Last Word from the Bench – The Honourable Justice Fred Myers

Schedule A: General Considerations
Schedule B: Extra-Provincial Practice
Schedule C: Navigating CaseLines
Schedule D: Navigating Zoom
Schedule E: Navigating Microsoft Teams

Table of Cases