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COVID-19 RESOURCE REPOSITORY

Home / COVID-19 RESOURCE REPOSITORY

Are you spending time endlessly researching best practices and tips for your tribunal as you move to online solutions?  Some of you have a lot of experience doing online hearings and mediations. For others, this has been a new experience and time is of the essence.  Below is CCAT’s forum for sharing your resources to help us stop reinventing the wheel.

The Repository will evolve over time as we learn what is most useful to you.  We encourage you to send along any documents and resources that you’d like to share.

CLICK HERE TO SUBMIT YOUR MATERIAL

Please note that the information posted in the Repository is available in the language that was submitted.

Articles/Reports

1. Ontario Courts to Paperless? COVID-19 Could Drive Digital Change – What’s in Place Now – Download

2. Hold the Phone: Telephone Hearings and Access to Justice – Download

3. COVID-19 and Ontario’s courts – Download

4. Opinion: Maybe COVID-19 is what it will take to modernize Canada’s antiquated courts – Download

5. Law Society of B.C. trying to Zoom into 21st century – Download

6. Adapting for the aftermath:  Court shutdowns are temporary, but could bring about more permanent changes in the landscape for small and solo practitioners. – Download

7. Why the Saskatchewan Court of Appeal Has Barely Missed a Beat During the Pandemic – Download

8. “Trial by Zoom”: What Virtual Hearings Might Mean for Open Courts, Participant Privacy and the Integrity of Court Proceedings – Download

9. CBA Task Force on COVID-19 convened:  Members to examine in the wake of pandemic crisis systemic changes to improve the federal legal and justice systems overall. – Download

10.Canada: Do Courts Have Jurisdiction To Order Virtual Hearings? Absolutely! – Download 

11.Webinar recording: Lessons from the first virtual trial in the Commercial Court – Download

12.Nova Scotia’s Supreme Court expands essential services model – Download

13.Ontario’s Court System Advances ’25 Years In 25 Days’ Due To COVID-19:  Some proceedings will be held remotely even when the pandemic is over, Attorney General Doug Downey said. – Download

14.Supreme Court of Canada to hold virtual hearings in June – Download

15.History made in Ontario courts: Counsel’s thoughts on virtual proceedings – Download

16.Access to Justice: Visionary thinking to update a legacy system | Beverley McLachlin – Download

17.Post-COVID courts could see less oral advocacy, more paper-based, remote adjudication: SCC’s Wagner – Download

18.Webpage launched to track COVID-19 impact on court, ADR procedures – Download

19.Ready or not — your legal hearing may now be video conferenced – Download

20.Justice Canada needs to take processes to a virtual level – Download

21.Naik: Technology will improve justice for some in the COVID-19 world – but not for all – Download

22.Conducting all hearings remotely in the fall high on Nova Scotia Chief Justice’s list of priorities – Download

23.Resumption of the virtual hearings of the Supreme Court of Canada – Download

24.Zooming in on the importance of upholding legal value in virtual trials – Download

25.Pandemic has forced Ontario courts to embrace the future, but questions over technology use remain – Download

26.Tribunals shift to Zoom, but some manage better than others – Download

27.Virtual Practice Makes Virtually Perfect – Practical Considerations for Virtual Hearings Identified through Simulations with Experienced Counsel and Arbitrators by Julie G. Hopkins and Daniel Urbas – Download

28.No Turning Back: CBA Task Force Report on Justice Issues Arising from COVID-19 – February 2021 – Download

Decisions addressing virtual hearings

1.Ontario Courts Practice direction on electronic conduct of hearings – Download

2.Ontario Divisional Court case management endorsement addressing electronic conduct of hearing – Download

3.Federal Court of Australia – Download

4.Court of Appeal for Ontario – Download

5.Example of a YouTube channel of a hearing in action from Divisional Court in Ontario – Download

6.Setting up virtual hearings – webinar and associated material – Download 1Download 2

7.Ontario Superior Court: Case Conference Endorsement Re: Remote Examination – Download

8.Ontario Securities Commission: Decision – In the matter of First Global Data Ltd., Global Bioenergy Resources Inc., Nayeem Alli, Maurice  Aziz, Harish Bajaj, and Andre Itwaru – Download

9.Rovi Guides, Inc. v. Videotron Ltd. Federal Court – Download

10.Trudeau v ConSun Contracting Ltd., 2020 AHRC 63 – Download 

Forms/Waivers

1.Consent Form: Use of Zoom Video Conferencing for Tribunal Hearing (BC Human Rights Tribunal) – Download

2.Letter: Options for Mediation/Hearings (Tribunal administratif du travail, QC) – Download

3.Canadian Human Rights Tribunal:  Instructions for parties to Zoom mediation – Download

4.Canadian Human Rights Tribunal:  Sample mediation agreement with Zoom clause – Download

5.Procedural Order for Video Conference Hearings – Download

Guidelines/Best Practices

1.Guidelines for Videoconference Labour Mediation and Adjudication in Ontario – Download

2.Ontario Review Board response to COVID-19 Challenge: The ORB conducts approximately 2,000 hearings annually in respect of approximately 1,500 individuals who have obtained verdicts of either unfit to stand trial or not criminally responsible on account of mental disorder. These hearings are typically conducted at one of 11 forensic psychiatric hospitals in the province. That is, of course, not now possible. As a solution, the ORB is now conducting all of its hearings remotely. We have encountered all of the challenges you cite and have responded/dealt with those. Please see link for a general description of our procedure. – Download

3.Justice Education Society (JES – BC):
a) Questions and answers related specifically to admin law
b) JES also maintains www.AdminLawBC.ca – Information on Telephone Hearings and Written
Submissions : DownloadDownload

4.Zoom mediations with sample video mediation clauses for mediation agreement – Download

5.Ontario Association for Family Mediation (OAFM) best practices for online dispute resolution – Download

6.How to create breakout rooms in Microsoft Teams – YouTube Videos:  This could be used for caucusing in a mediation, or to set up a private room or a party and their lawyer to have a sidebar, or for a panel of members to have a private space. – Download 1Download 2

7.COVID-19 : Information related to services at the Tribunal administratif du travail (TAT) – Quebec – Download

8.Adapting to a New Normal: Our Experience at the Divisional Court’s First Virtual Hearing: John McIntyre, Senior Associate, Disputes Group, Borden Ladner Gervais LLP and Ewa Krajewska, Partner, Disputes Group, Borden Ladner Gervais LLP – Download

9.Basic ODR using Zoom – Time to Rethink the Future – Again – Download

10.Practice Notice #1: Communicating by electronic mail at the Immigration and Refugee Board of Canada, Immigration Division
With respect to Practice Notice #1, parties were limited to the submission of disclosure and correspondence by fax, mail or hand-delivery.  However, with the closure of IRB offices, mail and hand-delivery are no longer options so we have needed to look at other channels through which parties can provide their documents to us. – Download

11.Practice Notice #2: On the use of E-Signature at the Immigration and Refugee Board of Canada, Immigration Division
With respect to Practice Notice #2, this makes it much easier for members to transmit final decisions and orders, as there is no longer a requirement to affix a “wet” signature to these documents. – Download

12.Canadian Human Rights Tribunal Practice Direction for Electronic Conduct of Mediations and Hearings During the Covid-19 Emergency – Download

13.Best Practices for Remote Hearings – Social Security Tribunal – Download

14.The Provincial Court of British Columbia: Notice to the Profession and Public Guide to Remote Proceedings – Download

15.Best Practices in a Zoom Courtroom – Canadian Bar Association – Download

16.Webinar recording: Lessons from the first virtual trial in the Commercial Court – Download

17.Best Practices for Remote Hearings: E-Hearings Task Force (Advocates’ Society, the Ontario Bar Association, the Federation of Ontario Law Associations, and the Ontario Trial Lawyers Association) – Download

18.The Provincial Court of British Columbia: Notice to the Profession and Public Guide to Remote Proceedings – Download

19.Barreau du Québec:  Sample Mediation Guide for Virtual Mediations – Download

20.40 Mediation Advocacy Tips for Ontario Lawyers (May 2020 Edition) – Download

21.Suggested Opening Remarks for Adjudicators conducting Zoom hearings – Law Society Tribunal (Ontario) – Download

22.Tips for Adjudicators for conducting Zoom Hearings – Law Society Tribunal (Ontario) – Download

23.Zoom Hearing Protocols – Law Society Tribunal (Ontario) – Download

24.Internal checklist for the host during the Zoom hearing – Law Society Tribunal (Ontario) – Download

25.Internal checklists for testing Zoom with the parties (Download 1), the panel (Download 2) and the witnesses (Download 3) – Law Society Tribunal (Ontario) – Download 1Download 2Download 3

26.Federal Court e-filing webinar: Best E-Practices Demonstration – Download

27.Best Practices and Teleconference Hearing Information for Representatives and Parties – Workplace Safety and Insurance Appeals Tribunal (ON) – Revised June 15, 2020 – Download

28.COVID-19 Interim Practice Guideline: Objections to Alternative Hearing Methods – Revised June 15, 2020 – Workplace Safety and Insurance Appeals Tribunal (ON) – Revised June 15, 2020 – Download

29.Tips for an Electronic WSIAT Hearing – Workplace Safety and Insurance Appeals Tribunal (WSIAT) – Download

30.Federal Public Sector Labour Relations and Employment Board – Videoconferencing Guidelines – Download

31.Federal Public Sector Labour Relations and Employment Board – Tips and Tricks for FPSLREB Videoconference Proceedings – Download

32.OBA Best Practices Guide – Download

33.Alberta Human Rights Tribunal Protocol for virtual Hearings – Download

34.Alberta Human Rights Tribunal Protocol for In Person Hearings – Download

35.Meet me Accessibly – A Guide to Zoom Cloud Meetings from a Blindness Perspective – Download

36.Guide to Videoconferencing Proceedings and Microsoft Teams – Tribunals Ontario – Download

37.Immigration and Refugee Board of Canada – Refugee Protection Division Virtual Hearings – Guide for Parties – Download

International Best Practices/Resources

1.Strategic Issues to Consider when Starting Virtual Hearings (April 7, 2020), Joint Technology Committee established by the Conference of State Court Administrators (COSCA), the National Association for Court Management (NACM) and the National Center for State Courts (NCSC) – Download

2.Coronavirus and the courts, National Center for State Courts (US) – Download

3.COVID-19 and administrative justice, The UK Administrative Justice Institute – Download

4.Remote Courts Worldwide – Download

5.Court hearings via video ‘risk unfairness for disabled people’: UK equalities watchdog warns move amid virus to focus on online sessions could hamper rapport and access to justice – Download

6.Rapid Review: The Impact of COVID-19 on the Civil Justice System Report and Recommendations – Civil Justice Council (UK) – Download

7.Conducting Fair and Just Remote Hearings: A BENCH GUIDE FOR JUDGES – National Center for State Courts (NCSC) (US) – Download