Technology and industry have been making leaps in recent years, and in many cases, the integration has led to increased efficiency and accuracy. By that same token, there’s no shortage of disadvantages when used poorly. Nanda & Associate Lawyers appreciate the possibilities, but our lawyers in Toronto know that the proper way to practice law is to double down on review and caution.
Technology in civil litigation has revolutionized the way cases are managed, resolved, and adjudicated. Still, nobody searches for the best lawyers in Ontario only to have their case largely turned over to machine learning and artificial intelligence programming. We know what these assistive tools bring to the table, but we also understand the restrictions. A major misconception is that the use of technology rules out error when in fact, it simply replaces human error with glitches.
Our family lawyers and immigration lawyers take responsibility for major parts of people’s personal lives, and even if the odds of a glitch are slim, that’s not a gamble they’re willing to make.
Electronic Discovery
Electronic discovery, also known as eDiscovery, is the process of identifying, collecting, and producing electronically stored information (ESI) in litigation. ESI can include emails, instant messages, social media posts, and other electronic documents. In Canada, electronic discovery is governed by the rules of civil procedure in each province and territory.
The use of technology in eDiscovery has made the process faster and less expensive. Document review software can quickly sort and categorize large volumes of documents, reducing the time and cost associated with manual document review. Additionally, algorithms can identify relevant documents and prioritize them for review, further streamlining the process.
Still, the top criminal lawyers in Toronto attribute much of their success to thinking outside the box and finding innovative ways to establish and evidence facts. Even if they used software sparingly, it would reduce their engagement with the materials and information, potentially limiting their scope for solutions. Even for something like corporate immigration, many candidates are categorized as inadmissible, but the right immigration lawyer could help them gain entry by making a case in The Federal Court of Appeals.
Furthermore, it’s raised concerns about privacy and the protection of personal information. The Personal Information Protection and Electronic Documents Act (PIPEDA) sets out rules for collection, use, and disclosure. In eDiscovery, parties must take appropriate steps to protect personal information and ensure it’s not disclosed to unauthorized parties.
Along with that, civil litigation lawyers will warn clients against using online platforms, even if they’re personal, as the information put out could be misconstrued and used against them in court.
Online Dispute Resolution
Online dispute resolution (ODR) is the use of technology to resolve disputes outside of court. ODR can take many forms, including online negotiation. It’s gaining popularity as a way to resolve disputes quickly and cost-effectively. However, our civil lawyers find it lacks the thorough nature of in-person interactions.
It’s worth acknowledging that these platforms can offer several advantages over traditional dispute resolution methods. First, ODR is accessible from anywhere with an internet connection, reducing travel costs and time. Second, ODR platforms can use technology to streamline the dispute resolution process, reducing the time and cost associated with traditional dispute resolution methods. Still, there’s no guarantee of privacy or lack of coercion.
The use of ODR is governed by the rules of each province and territory. For example, the British Columbia Civil Resolution Tribunal offers online dispute resolution services for strata property disputes, small claims disputes, and motor vehicle accident claims. Similarly, the Ontario government has launched an online platform to resolve small claims disputes. Our personal injury lawyers concur that for injured parties, this could make things simpler, but that comes at the cost of accessing the procedural justice that civil litigation promises.
Virtual Trials
Virtual trials, also known as remote trials, are conducted over video conferencing platforms. Virtual trials have become more common in Canada due to the COVID-19 pandemic, which has forced courts to limit in-person proceedings. However, the threat of infection is lower now, and the continued use of technology in civil litigation could be seen as unnecessary. Consider family law cases: in many instances, a party feels safe enough to speak up given the physical security provided by a courtroom, something that’s necessary when there’s a history of abuse.
Our divorce lawyers find that a client will harbour concerns about the repercussions of speaking up, only allayed by the knowledge that the government and judicial system will put their safety first. A virtual trial, where each party could be anywhere, doesn’t offer the same sense of invulnerability.
However, virtual trials can offer several benefits over traditional in-person trials. They reduce the time and cost and make the trial process more accessible, as parties can participate remotely. In some cases, this might be preferable, which is why we advise clients based on the nature of their cases. It could be seen as wasteful to use the resources needed for proper litigation, but our priority is protecting our client’s interests.
Virtual trials are governed by the rules of each province and territory. For example, the Ontario Superior Court of Justice has issued guidelines for virtual hearings, which include technical requirements for video conferencing and guidelines for conducting the trial in a fair and just manner.
At Nanda & Associate Lawyers in Toronto, we like to leave no room for error or any unwelcome risks. Whether you work with our business lawyers or our real estate lawyers, you’ll find yourself in capable hands with a guarantee of safety and confidentiality.
We’re devoted to earning your trust and helping you find and implement positive and cost-effective legal solutions, whether you’re drafting documents for wills and estate or lawyering up to go to court. Click here to work with our team and take advantage of our wide range of specialties.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
