Best Practice Publications

 

We welcome you to use our best practice publications as guidelines for building a better practice – and promoting excellence in advocacy.


 

Best Practices for Civil Trials

 

The practical solutions in Best Practices for Civil Trials can help make any civil trial more efficient and cost-effective. Its aim is to enhance access to justice and preserve the civil justice system.

In January 2014, Associate Chief Justice Marrocco of the Ontario Superior Court of Justice laid down a challenge to the Board of Directors of The Advocates’ Society to scrutinize civil trials and determine practices that would lead to the more efficient trial of civil actions.  The Society formed the Civil Trials Task Force, led by Brian Gover (Chair) and Brad Berg (Vice-Chair), which conducted cross-practice and cross-jurisdictional research into best practices for dispute resolution hearings.  In January 2015, the Society hosted the Civil Trials Symposium, where over 100 representatives of the bench and bar as well as experts from other jurisdictions shared their ideas on what practices would make civil trials more efficient.

The work of the Task Force and Symposium participants has culminated in the publication of The Advocates’ Society’s Best Practices for Civil Trials.  The Best Practices, through the consultation phases in which the Task Force has engaged over the past several months, have received widespread support from both the bar and the judiciary.  

Best Practices for Civil Trials


Principles of Civility & Professionalism and Best Practices


Principles of Civility for Advocates / Principles of Professionalism for Advocates:

In 2000, The Advocates’ Society hosted a symposium to focus attention on the issue of civility within the legal profession, eventually publishing a booklet titled Principles of Civility for Advocates.  In 2009, the Society hosted a Symposium on Professionalism, distilling the principles developed at that conference into a set of valuable guidelines. The result was a second booklet titled Principles of Professionalism for Advocates which was published, together with an updated Principles of Civility for Advocates, in English and in French.  These Principles have been judicially endorsed and applied on numerous occasions, including by the Ontario Court of Appeal in Groia v. The Law Society of Upper Canada, 2016 ONCA 471. 

English version

French version


Communications with Experts

 

Appropriate communications with expert witnesses – especially when it comes to preparing experts’ reports and affidavits, as well as preparing experts to testify – is an important issue for the profession.

The Advocates’ Society weighed in on this topic by producing two valuable documents:

Position Paper on Communications with Testifying Experts
Principles Governing Communications with Testifying Experts

The latter document has been judicially endorsed and applied on numerous occasions, including by the Ontario Court of Appeal in Moore v. Getahun, 2015 ONCA 55.


Paperless Trials Manual

 

Why go paperless? It can reduce the cost of litigation and make trials more efficient. The Paperless Trials Manual provides practical guidance on how to do it. The Advocates’ Society is pleased to release its most recent publication, the Paperless Trials Manual.  Designed for advocates, judges and the court system generally, the Manual provides guidance on how to conduct a paperless trial.  Paperless trials, when conducted properly, reduce the cost of litigation and cause the conduct of a trial to be more efficient.

The Manual recognizes that the technologies used at a paperless trial need to be cost-effective and proportional.  The Manual accordingly adopts cost-effective technologies that apply to trials of all shapes and sizes – from the small one-day trial involving a few witnesses and a handful of documents to the large, multi-month trial involving hundreds of witnesses and hundreds of thousands of documents.

Paperless Trials Manual



Institute for Civility & Professionalism

 

The Society’s Institute for Civility & Professionalism provides advocates of all experience levels with opportunities to explore issues around civility. How should the bench and bar deal with obstructive behaviour? How do we better support young advocates? We have tools to help you consider these questions and more.

Media Release
Terms of Reference
The Catzman Award for Professionalism & Civility

Civility Training:

To arrange for a civility training session for your firm, please contact Rose Yanco, Director of Education rose@advocates.ca.


The Advocates’ Society Guide to Mentoring

 

The Advocates’ Society is committed to providing effective mentoring to advocates who are in the early stages of their practice.  In addition to our regular mentoring events, we welcome you to read our 2017 publication entitled “The Advocates’ Society Guide to Mentoring.” This resource was developed by a joint CMM/YASC Task Force and provides helpful advice for both mentees and mentors who seek to develop a mentoring relationship, as well as a sample mentoring agreement and information on CPD credits for mentoring across Canada.

The Advocates' Society Guide to Mentoring
CPD & Mentoring Across Canada

Other Resources

 

Online Filing Service: Ontario Civil Claims


Civil claims online filing is available across Ontario as of November 27, 2017, following a successful pilot of the service earlier this year for actions in the Superior Court of Justice in Brampton, London, Newmarket, Ottawa, Sudbury and Toronto.

This new online service builds on the success of the small claims court online filing service.  With the civil claims service, litigants or their counsel can start a civil action online in the Superior Court of Justice — 24/7 — without visiting a courthouse.

With this service, users can submit the following documents for filing with the Superior Court of Justice online:

  • Statement of Claim
  • Notice of Action
  • Affidavit of Litigation Guardian of a Plaintiff under a Disability
  • Request for Bilingual Proceedings
  • Consent to File Documents in French
The service also allows:
  • online payment of court fees by credit card or Interac
  • delivery of a court-issued Statement of Claim or Notice of Action by email
  • draft submissions to be saved and submitted at a later time
  • online transactions to be tracked (online access to a history of a user’s submissions, draft submissions and online fee payments)
Staff of the Ministry of the Attorney General’s office will present free online demonstrations and Q&A sessions for this new service. Please see below for dates, times, and access details for these free demonstrations. Advance registration is not necessary. Mark your calendars.

Tuesday, December 12, 2017
12:00 p.m. – 12:45 p.m.
Join from both your computer here and your phone at (647) 497-9379, using access code 694-991-941
If this is your first time using GoToMeeting, click here for a quick system check.

Thursday, January 11, 2018
12:00 p.m. – 12:45 p.m.
Please join from both your computer here and your phone at (647) 497-9380, using access code 694-548-093
If this is your first time using GoToMeeting, click here for a  quick system check.

Wednesday, January 17, 2018
4:00 p.m. – 4:45 p.m.
Please join from both your computer here and your phone at (647) 497-9410, using access code 390-512-541
If this is your first time using GoToMeeting, click here for a  quick system check.

Read the letter from the Ministry of the Attorney General here.

Learn how to create a Justice Services Online account here.

See the promotional poster here.


Guidelines for Law Office Searches

 

In September of 2011, Convocation approved the Guidelines for Law Office Searches to assist lawyers in protecting their clients' solicitor-client privileged information.   If you are or suspect that you may be the subject of a law office search, whether you or a client is the target of the investigation, you are encouraged to contact the Law Society as soon as possible.
 
Call the Law Society at 416-947-3300 and ask to speak to Senior Counsel to the Director of Professional Regulation for assistance when faced with a law office search.
 
Law Society of Upper Canada's Guidelines.
 
Following is a summary of the Guidelines as approved by Convocation:

When the Police Arrive at a Law Office

Inspect the search warrant
  • Ensure that the law office is identified as the place to be searched,
  • Ensure that the date the Police have attended at the law office is the date authorized,
  • Ensure that the documents sought are identified,
  • Ensure that the offence under investigation is identified,
  • Ensure that the requisite judicial officer has signed and dated it,
  • If there are deficiencies on the face of the warrant, point them out to the Police and assert that the Police should obtain a proper warrant, and
Do not obstruct the Police, even if you believe the search warrant or its manner of execution to be invalid.

Assert Privilege over all documents to be seized under the search warrant.

Is a Referee required?
Where the Lawyer may be a target of the investigation, if the Lawyer is in a conflict of interest and where there is no Lawyer present, this should be raised with the Police and either the Police or the Lawyer should make an application to the Court for the appointment of a Referee.

Is an Independent Forensic Computer Examiner required?
If the documents sought are on a computer or other electronic device/media, the assistance of a Court appointed Independent Forensic Computer Examiner may be required.

Do I need a Lawyer?
You are the only one who can answer that question. However, you can contact a Lawyer and you may find it helpful to speak with a Lawyer.

Lawyers should contact the Law Society at 416-947-3300 and ask to speak to Senior Counsel to the Director of Professional Regulation for assistance when faced with a law office search.

Next steps to be taken by the Referee or the non-conflicted Lawyer
  • Keep notes of participants, contacts, happenings and timing,
  • Identify and assert privilege with respect to all documents,
  • Offer to, or if requested by the Police, locate the documents and, where practicable, make and keep copies of them,
  • Comply with the terms of the search warrant and give only what is demanded by the warrant,
  • Retain copies of all documents, to the extent that it is possible, time permitting,
  • Offer to, or if requested by the Police, seal the documents in packages marked for identification and initialed by you and the Police; taking care to ensure that the Police do not see the documents or any client names,
  • Ensure that the sealed packages are delivered to the custody of the Court or an independent third party as designated by the Court in accordance with the Court order, and
  • Make reasonable efforts to contact the Clients whose documents are subject to seizure to advise what is happening and advise that they may wish to obtain independent legal advice.
The Search Warrant has been executed - Next Steps
If necessary initiate or respond to applications before the Court that may include applications for,
  • An order to unseal and access the sealed packages,
  • The appointment of a Referee or an Independent Forensic Computer Examiner,
  • The determination of objections to the search warrant or its manner of execution,
  • The determination of issues of solicitor-client privilege,
  • Further searches such as a comprehensive electronic search of an electronic device/media or a forensic image, and
  • Direction with respect to the notification of the Clients of the search for and seizure of solicitor-client privileged documents.
This summary has been drafted for ease of reference. It should be read in conjunction with the Guidelines for Law Office Searches.

Read the Law Society of Upper Canada’s Guidelines


Practice Directions

 

Get detailed information about how court proceedings are conducted in most jurisdictions across Canada.

Canada
Notices to the Profession from the Supreme Court of Canada
Practice Directions from the Federal Court of Appeal

British Columbia
Practice Directions and Notices to the Profession from the Provincial Court of British Columbia

Alberta
Rules, Practice Directions and Notices from the Court of Appeal of Alberta
Practice Notes from the Court of Queen’s Bench of Alberta
Forms and Notices from the Provincial Court of Alberta

Saskatchewan
Rules and Practice Directives from the Saskatchewan Court of Appeal
Rules and Practice Directives from the Saskatchewan Court of Queen’s Bench
Practice Directives and Endorsements from the Saskatchewan Provincial Court

Ontario
Practice Directions and Policies from the Superior Court of Justice

Quebec
Notices in Civil Matters from the Court of Appeal of Quebec
Notices in Criminal Matters from the Court of Appeal of Quebec

Nova Scotia
Information for Legal Professionals from the Courts of Nova Scotia

Prince Edward Island
Practice Directions for the Prince Edward Island Court of Appeal
Practice Notes from the Supreme Court of Prince Edward Island

Nunavut
Practice Directives from the Nunavut Court of Justice