Over a year after Ontario introduced CaseLines to civil courts, nearly all matters are using this digital case management system. But it doesn’t mean they’re using it properly.
An unsuccessful partial summary judgment motion before Justice Dunphy in Basaraba v. Bridal Image Inc. illustrates this problem,
[5] I shall first refer to the unsatisfactory state of the record I am asked to rely upon to reach the level of confidence necessary to sustain a judgment on the merits. Collectively, the parties uploaded more than 2,000 pages of evidence in the form of affidavits, expert reports, discovery transcripts and cross-examination transcripts. Three moving party defendants and one responding party plaintiff filed motion records for use on this motion. Only one… contained hyperlinks that might enable the user to navigate through the evidence she filed. The factum she filed however lacked hyperlinks to the relevant evidence, but at least the motion record had some.
[6] I