counsel and trial judge — Transcripts certified by authorized transcriptionist required.
In order to be able to meet the time constraints he was facing for the delivery
of his written argument to opposing counsel and to comply with the trial judge’s
directive that the closing submissions of counsel be detailed as to references to
the evidence in support of their respective positions, counsel for the plaintiff
brought a motion for an order permitting him to refer in his closing argument
and submissions at trial to the audio transcription files generated by the court
reporting system and to provide copies of the audio transcription files to opposing
counsel and the trial judge.
Held, the motion should be dismissed.
If the order sought were granted, there would be significant difficulties with
deciphering what was being said by witnesses; all parties and the trial judge would
be required to engage in an extensive review of the recordings that would be time-consuming and costly, and the lack of a transcript would be problematic if the matter were appealed. Counsel’s request was inefficient and unworkable. Transcripts
certified by an authorized transcriptionist were required.
Statutes referred to
Courts of Justice Act, R.S.O. 1990, c. C.43, s. 136 [as am.], (4)
Evidence Act, R.S.O. 1990, c. E.23
Rules and regulations referred to
Certification of Recordings and Transcripts, O. Reg. 158/03, ss. 3 [as am.],
4 [as am.]
MOTION for an order permitting counsel for the plaintiff to
refer in closing argument and submissions to audio transcription
Robert J. Reynolds, for plaintiff.
S. Wayne Morris, for defendant Hastings and Prince Edward
District School Board.
 MACLEOD-BELIVEAU J.: — The plaintiff brings this motion
seeking an order permitting plaintiff’s counsel to refer in his
closing argument and submissions at trial to the audio transcription files and the related summaries generated by the court
reporting system in regard to the evidence given at trial, and to
provide copies of the audio transcription files and summaries to
defendant’s counsel and to me, the trial judge, rather than referring to a certified transcript of the evidence.
 The issue is whether or not the court should grant the
request, after full consideration of O. Reg. 158/03 under the
Evidence Act, R.S.O. 1990, c. E.23, s. 136 of the Courts of Justice
Act, R.S.O. 1990, c. C.43, the Superior Court of Justice policy on