A new online portal introduced to enhance access to Ontario’s court system has been met with challenges, according to some lawyers, who are experiencing delays and difficulties in managing their cases several months after the platform’s launch. The Ontario Courts Public Portal was first introduced in Toronto with the aim of simplifying tasks such as filing documents, making payments, and obtaining virtual links for court hearings in various non-criminal matters, including Superior Court family, civil, small claims, bankruptcy, Divisional Court, enforcement cases, and provincial court family cases.
The expansion of digital access to criminal cases is scheduled for Phase 2 next year, with the Ontario government aiming to have this system, which is promoted as more transparent and accessible, implemented province-wide by 2030. While appreciating the move towards a more modern court system, some lawyers are critical of the new portal, citing its lack of user-friendliness and navigational challenges. They argue that these growing pains are slowing down legal processes and potentially eroding public trust in the courts.
Tasks that previously took a day or two, such as setting a motion or issuing a statement of claim in a lawsuit, are now experiencing significant delays, leading to further setbacks as cases progress. Additionally, the new portal does not seamlessly integrate with the Superior Court of Justice’s mandatory document-sharing platform and may not display all cases a lawyer is involved in. Searching for a case by the name of one of the parties is no longer efficient, a function available in the portal’s predecessor.
Despite the option to look up cases using a file number, obtaining this number requires visiting a public terminal at a courthouse, which is deemed cumbersome and undermines the principle of open court, as noted by Jay Nathwani, a construction lawyer in Toronto. Nathwani emphasized the importance of new systems being at least as effective as the ones they replace to avoid unnecessary complications for users.
Nathwani recounted an instance where his firm submitted a motion scheduling requisition in October, but by mid-December, it had not been marked as booked on the online portal, causing delays in filing materials and disrupting timelines. Issues were also raised regarding the delayed issuance of filed claims through the portal, particularly concerning when statutory limitation periods are approaching.
Eric Sherkin, a commercial litigation lawyer in Toronto, highlighted the unpredictability and extended wait times associated with filing claims online, with waits of up to four weeks reported for some claims to be issued after filing. This uncertainty not only affects lawyers but also impacts clients, creating a lack of confidence in the system.
The challenges faced by lawyers in accessing hearings and navigating the new portal have led to adjustments in their practices. Despite these issues, a spokesperson for Attorney General Doug Downey mentioned ongoing efforts to gather feedback and enhance the portal based on user input. The Ontario Bar Association expressed satisfaction with the new portal, noting ongoing communication between stakeholders regarding its implementation. Any concerns raised by the association have been promptly addressed, indicating a collaborative approach to improving the system.