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An Ontario Judge cautioned that parties who fail to upload motion records that are well-organized and contain hyperlinks to evidence and Caselines page numbers may have their motions dismissed

Ontario

,

Canada

Don’t Serve the Court an Overturned Bowl of Spaghetti In Basaraba v. Bridal Image Inc., 2021 ONSC 8038, Dunphy J. of the Ontario Superior Court of Justice had strong words for counsel about the importance of providing the Court with an organized and properly hyperlinked court record in the context of virtual hearings when using Caselines. Justice Dunphy stated that the failure of counsel to insert hyperlinks and Caselines page numbers in motion records “destroys” the ability of judges to arrive at a decision on the merits that is fair and reasonable (paras 5-6). Justice Dunphy went on to explain that “[a]bsent hyperlinks, the task of checking the actual evidence against the summary narrative of the factum is pretty much impossible” (para 7).The Court compared the parties’ motion records that were submitted to Caselines to “asking [the Court] to sort through an overturned bowl of spaghetti” (para 8). Dunphy J. noted that the parties’ failure to hyperlink references to evidence, pages in a motion record, or transcripts is more than sufficient to warrant dismissal of the motion (paras 7-8).Justice Dunphy called the failure of the parties to upload usable motion materials to Caselines as “endemic” and gave the following plea to counsel (para 27):My closing comment would be to exhort ALL counsel to check back on their case after they have uploaded their documents to Caselines and verify that a judge reviewing it will be able to navigate through the evidence, case law, and written argument in the way they would like. Hyperlinks in facta and motion records are a MUST. Separately loaded and clearly identified tabs should be considered. It must be usable.

April 14, 2022
Basaraba v. Bridal Image Inc., 2021 ONSC 8038