A new online portal introduced in Ontario to enhance access to the court system is causing frustration for some lawyers due to delays and challenges in case management, several months after its launch. The Ontario Courts Public Portal was first implemented in Toronto to enable individuals to file documents, make payments, and obtain virtual links for court proceedings in various non-criminal matters like Superior Court family, civil, small claims, bankruptcy, Divisional Court, and enforcement cases, as well as provincial court family cases.
Although digital access to criminal cases is planned to expand in Phase 2 next year, the Ontario government aims to have the system operational across the province by 2030, promoting it as a more transparent and user-friendly platform. Despite the positive direction towards modernizing the court system, some lawyers are finding the new portal complex and challenging to navigate, leading to disruptions in the legal process and potentially eroding public trust in the judicial system.
Lawyers have reported significant delays in tasks that previously took only a day or two, such as scheduling motions or issuing statements of claim, now extending to weeks, causing ripple effects as cases progress. Additionally, the portal’s integration with the Superior Court of Justice’s essential document-sharing platform is incomplete, potentially omitting cases in which a lawyer is involved. Moreover, the ability to search for a case online using the parties’ names, a feature available in the previous system, is no longer efficient on the new portal.
Jay Nathwani, a construction lawyer in Toronto, highlighted the inconvenience of needing to visit a public terminal at a courthouse to obtain a file number for case searches, which contradicts the principle of open court accessibility. Nathwani emphasized that any new online system should function at least as effectively as its predecessor, if not better, to avoid complicating users’ experiences.
Despite efforts by Nathwani’s firm to schedule a motion through the portal in October, the process remained pending by mid-December, hindering document filing and disrupting timelines. Concerns were also raised about delays in issuing filed claims, especially when statutory limitations are nearing, potentially leading to critical issues discovered too late.
Eric Sherkin, a commercial litigation lawyer in Toronto, noted the extended wait times for filing claims online, with some taking up to four weeks for issuance. This uncertainty not only affects lawyers but also impacts clients’ confidence in the system, as delays in document processing create apprehension among participants.
Acknowledging the challenges faced by users, a spokesperson for Attorney General Doug Downey mentioned ongoing collaboration with stakeholders to gather feedback and enhance the court portal. The Ontario Bar Association indicated positive reception among its members regarding the new portal, emphasizing continuous communication between the courts, the province, and legal professionals to facilitate a smooth rollout.
While adjustments and improvements are underway, lawyers are adapting their practices to navigate the current system’s shortcomings, with expectations for enhanced efficiency in the future digital court processes.