June 26, 2025
In the wake of the COVID-19 pandemic, Ontario’s court system underwent a rapid transformation—one that many had long advocated for, but few believed would happen so suddenly. The shift to remote hearings, once seen as a temporary measure, now appears to be a permanent fixture in the province’s justice landscape.
The Pandemic Pivot
When Ontario declared a state of emergency in March 2020, in-person court proceedings were abruptly suspended. The Ministry of the Attorney General and the judiciary acted swiftly, implementing virtual hearings using platforms like Zoom, and CaseLines. What began as an emergency workaround has turned into a widespread practice in civil, family, and tribunal matters, and to a lesser extent in criminal proceedings.
Efficiency Gains vs. Fairness Concerns
Remote hearings bring undeniable benefits. For litigants and lawyers, travel time is eliminated, costs are reduced, and scheduling becomes more flexible. Particularly in cases involving self-represented parties, there may be improved access to justice.
But not all proceedings are equally suited to the virtual format. Questions of fairness, procedural integrity, and access to private legal advice are front and centre.
The Ontario Court of Appeal Sets the Tone
The Ontario Court of Appeal has taken a hybrid approach. Most appeal hearings remain virtual unless a party requests an in-person appearance and provides justification. This signals a growing acceptance of remote procedures at the highest levels of Ontario’s judiciary—but also a recognition that one size does not fit all.
A Patchwork of Practices
As of 2025, practices differ across Ontario’s courts and tribunals. The Superior Court of Justice has issued guidance encouraging virtual appearances for preliminary matters, while trial-level proceedings generally continue to default to in-person. Virtual or hybrid trials are used where circumstances justify the change.
The Landlord and Tenant Board (LTB) conducts nearly all hearings virtually—an efficiency gain for the Board, but one that has sparked criticism over due process and technical accessibility for vulnerable tenants.
The Future: Default Virtual or Default In-Person?
The Law Society of Ontario and various bar associations have weighed in, generally supporting a hybrid model that preserves the option of virtual hearings where appropriate.
Ontario is now at a crossroads. Should the justice system institutionalize remote hearings as the default for certain matters? Or should in-person appearances be restored as the norm, with virtual options only upon request?
Key Considerations Going Forward
- Access to Technology: Not all parties have equal access to reliable internet or a quiet space to participate. Equity must remain a guiding principle.
- Training and Standardization: Judges, court staff, and counsel require consistent tools and protocols to ensure smooth virtual proceedings.
- Hybrid Infrastructure: Courtrooms must be equipped to handle both in-person and remote participants seamlessly.
- Legislative Backing: Permanent changes may require updates to court rules and statutes to reflect evolving norms.
Takeaways
- Remote hearings are no longer a stopgap—they are now part of the architecture of Ontario’s justice system.
- Whether they remain the default will depend on how the system balances efficiency with fairness, and flexibility with accessibility.
- But one thing is clear: the genie is out of the bottle.
How Weilers LLP can help you
At Weilers LLP we have experience in remote hearings, in-person hearings, and hybrid hearings. We know how to approach cases regardless of the mode of the hearing and maintain a strong position for our clients.
If you are involved in a proceeding, whether in person or virtual, give us a call. We may be the right lawyers for you.