Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Case Management Developments in Employment and Human Rights Matters

Case Management Developments in Employment and Human Rights Matters

By:

Mann Lawyers

Posted January 16, 2019

Faced with delays, inefficiencies, and access to justice concerns, the Superior Court of Justice has just announced a pilot project, launching February 1, 2019, whereby parties may opt into a one-judge case management model.  Under this model, the same judge will be assigned to all case conferences, the pre-trial, and the trial of a matter.  Moreover, no motions will be scheduled without the permission of the overseeing judge.  A trial date will be fixed early, and a timeline put in place for completing steps leading up to it.  The judge is expected to assist in narrowing issues and preparing for trial.  The pilot program practice advisory notes that the expected benefits of one-judge case management are “the faster and less costly resolution of civil disputes.” The exception to the one-judge model is for case conferences meant to focus solely on resolution discussions.

In March 2018, the Human Rights Tribunal of Ontario launched a similar new case processing system, whereby an HRTO Vice-Chair is assigned to each application to deal with all adjudicative matters from the time an application is filed until it is closed, with the exception of mediation.  Their new system schedules one day for hearing at an early stage and mandates a case management conference call with the Vice-Chair assigned a month prior to the hearing.

The Canadian Human Rights Tribunal already has case management practices in place where a Tribunal Member oversees case management calls to manage preliminary issues leading up to a hearing, which that Member will also oversee.

Clearly this one-judge model is going to impact the management of employment and human rights cases moving forward.

Some have concerns about the neutrality of a decision maker going into trial or a hearing in the context of a one-judge model; however, in the labour model, it is very common for the same person to act as both mediator and arbitrator, failing resolution.  Moreover, the HRTO has successfully adopted a mediation-adjudication model, if parties consent.   The concerns about neutrality appear to have been overridden by the desire for a less contentious model of resolution, and for cost-effective outcomes.  These models go beyond the case management systems proposed and currently in place, where mediations are the exception to the one-judge model.

I predict that these models will increase accountability and efficiencies, and allow for more contextualized decision making.  The profession is often resistant to change; it will be interesting to see if the civil pilot project receives ample uptake, if it materially changes the way that parties prepare for trial, and if it encourages greater cooperation and increases likelihood of early resolution.

This blog post was written by Alayna Miller, a member of the Employment team.  She can be reached at 613-369-0374 or at alayna.miller@mannlawyers.com.

More Resources

Blog |
Wills, Trusts and Estates
By: 

Posted November 28, 2023

As a lawyer who has worked in the field of Wills and Estates for the last three years, I get the following question quite a[...]
Blog |
Family Law
By: 
Amongst the profession, we often refer to domestic contracts prepared by the parties themselves without legal advice as “kitchen table agreements”. In May 2023, the[...]
Blog |
Wills, Trusts and Estates
By: 

Posted November 7, 2023

What is a Power of Attorney document? A Power of Attorney is a legal document that authorizes someone else, known as your “attorney” to act[...]
Blog |
Real Estate
By: 

Posted November 6, 2023

If you enter into an Agreement of Purchase and Sale to buy a new build home, your offer could be conditional on having your lawyer[...]
Blog |
Wills, Trusts and Estates
By: 
Do I need a Will? A short answer is most likely. If you possess assets of value, such as chequing or savings accounts, investments, a[...]
Blog |
Real Estate
By: 

Posted October 31, 2023

The Status Certificate is a document written by a condominium corporation that discloses certain financial, governance, and legal information about the condominium corporation and a[...]

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.