should be aware that, especially for proceedings that have concluded or proceedings adjourned for a lengthy period of time, it may not always be possible to schedule an application before the appropriate judge on short notice
because a judge may have many ongoing obligations in other proceedings.
 The policy requires counsel of record to sign an undertaking in the prescribed form. The undertaking executed by plaintiff’s counsel contains a condition which, read literally, prohibits
plaintiff’s counsel from disclosure of these materials to defendant’s counsel and even to the trial judge. It is not disputed that
these digital audio recordings are independently available to
defendant’s counsel, upon signing the undertaking, and to the
trial judge if requested.
 The form of the undertaking to be signed by counsel of
record is as follows:
Superior Court of Justice/Ontario Court of Justice
Undertaking of Counsel/Licensed Paralegal of Record to the Court for Access
to Digital Court Recordings
1. I,_______________________(please print legibly), acknowledge that:
a. The digital recording is being provided to me for the purpose of:
i. preparation in connection with the legal proceedings with
respect to this case; and/or,
ii. replacing or supplementing notes of the legal proceedings
with respect to this case.
b. Any other use of the digital recording is prohibited without an
order from the presiding judicial officer or a judicial officer of
2. I understand and agree that the digital recording to be provided pur-
suant to this request will be provided subject to the following terms
a. I am legal counsel/licensed paralegal of record and I am a member
in good standing of the Law Society of Upper Canada.
b. I have read and understand s.136 of the Courts of Justice Act,
R.S.O. 1990, c.C.43, including that every person who contravenes
this section is guilty of an offence and on conviction is liable to
a fine of not more than $25,000 or to imprisonment for a term of
not more than six months, or to both.
c. Subject to section (f) below, I will not publish, broadcast, reproduce or otherwise disseminate the digital recording, including any
annotation in the audio file, in any way.
d. I will not copy, save, upload or download the digital recording,
i. onto one or more computers under my direction and control,
for my own use in this case; or