A new online portal introduced to simplify access to the court system in Ontario is causing challenges for some lawyers, they report several months after its launch. The Ontario Courts Public Portal was initiated in Toronto last autumn to enable individuals to submit documents, make payments, and locate virtual links for court hearings in non-criminal cases such as Superior Court family, civil, small claims, bankruptcy, Divisional Court, and enforcement matters, as well as provincial court family cases.
Expansion of digital access to criminal cases is planned for next year in Phase 2, with the Ontario government aiming to have the system — promoted as more transparent and accessible — operational throughout the province by 2030. Despite appreciating the move towards a more modern court system, certain lawyers express concerns that the new platform is not user-friendly and poses challenges in case management, slowing down legal processes and potentially eroding trust in the courts.
Tasks that previously took a day or two, like scheduling a motion or issuing a statement of claim in a lawsuit, now reportedly take weeks, causing delays that impact the progression of cases. Moreover, the new portal is not fully integrated with the Superior Court of Justice’s mandatory document-sharing platform, potentially omitting some cases in which a lawyer is involved. Searching for a case by the name of one of the parties involved is also no longer efficient on the new portal compared to its predecessor.
Although cases can be retrieved using the file number, obtaining this number requires visiting a public terminal at a courthouse, described as significantly burdensome and contradicting the open court principle by Jay Nathwani, a Toronto-based construction lawyer. Nathwani emphasized the importance of new systems being as functional, if not more so, than the old system they replace, stating that difficulties should not be added to everyone’s lives.
Nathwani’s firm encountered delays in scheduling a motion through the portal, with the request still pending in mid-December despite being submitted in October. This delay in marking hearings affects the filing of materials and disrupts lawyers’ schedules, particularly concerning when statutory limitations are nearing. Although claims are backdated upon submission, potential issues with the documents may only be identified later, causing anxiety for lawyers.
Eric Sherkin, a commercial litigation lawyer in Toronto, highlighted the prolonged and unpredictable wait associated with filing claims online, with some claims taking up to four weeks to be issued after submission. He noted that this uncertainty extends to clients, affecting their confidence in the legal system.
Amidst these challenges, the Ontario Attorney General’s office has stated that they are actively receiving feedback and making improvements to the portal based on user input and engagement with justice sector stakeholders. The Ontario Bar Association has indicated positive reception among its members for the new portal, with ongoing communication and collaboration between courts, the government, and legal professionals to address concerns and enhance the platform.