Keeping Tabs - Spring 2022

emails copying judicial assistants. In Navartnarajah
v. FSB Group Ltd., in the context of a class
action, Justice Morgan cautioned counsel to limit
their email communication with his judicial assistant
to scheduling matters, and directed against
engaging in “full-blown advocacy by email”. 1
Tip #2: Use presentation mode in CaseLines
By now, many of us are familiar with CaseLines.
Typically, counsel will provide a page number reference
or use ‘direct to page.’ In Bowman v. Uwaifo,
an appeal to the Divisional Court from the Consent
and Capacity Board, Justice Myers extolled Case-
Lines’ presentation mode: “the use of Presentation
mode freed me from having to manage CaseLines
to find documents referred to by counsel. It allowed
me to concentrate solely on the merits of counsel’s
arguments and to see the documents quickly and
with no effort or distractions.” 2
According to Justice Myers, such efforts would
“increase the chances of comprehension by the
judge and therefore the persuasiveness of the
presentation” and would also be “likely to garner
some appreciation for the effort to simplify
cumbersome and distracting technical tasks”. 3
(Of course, be sure to take instruction from the
particular decision-maker before whom you are
appearing: some judges or associate judges may
prefer to retain control of their CaseLines.)
Tip #3: Injunctions require a heightened degree
of civility
Cooperation and civility with opposing counsel is
always important but can be more so in the context
of injunctions. In 1162268 Ontario Limited v. Uddin,
4 Justice Dunphy noted that a high degree of civility
and cooperation between counsel is required
if a fair hearing is to be held in the limited time
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