Trials and Tribulations of e-Searching and e-Filing: Tales of a Pilot Project Participant

Jude SamsonLawson Lundell LLP1600 Cathedral Place925 West Georgia St.Vancouver, BC V6C 3L2604.631.6723 (phone)604.641.4417 (fax)[email protected]

Trials and Tribulations of e-Searching and e-Filing: Tales of a Pilot Project Participant

INTRODUCTION

Previous meetings between CSO

and Vancouver Law Librarians

I work for Lawson LundellI do not work for CSO

OUTLINE

British Columbia Courts (CSO)what it currently provides (e-Searching, daily court lists, purchasing documents)what it will provide (e-Filing)public access to documents online

Federal Court Court Index and Dockete-Filing Pilot Project

CSO: WHAT IS IT AND WHAT DOES IT HAVE TO OFFER?

Court Services Online (CSO) is an electronic service introduced in support of the government strategy to provide alternative options and added convenience for access to government services.

E-Search: civil court files ($6.00/file); purchase documents ($10.00 each); obtain file summary reports ($6.00 each).

• Provincial and Supreme Court Civil files from 1989 onwards (except Victoria, 2002 onwards)

• Does not include Provincial Divorce or Supreme Adoption files

• Court of Appeal Information

Daily Court Lists: access daily court lists for Provincial Court Small Claims and Supreme Court Chambers

e-SEARCHING: How It’s Done

Search by Party Name, Deceased Name, File Number, Date Range

• Search for Individuals, Organizations or Both• Exact, Partial or Soundex• Filter by location (up to 5), class (e.g., civil,

bankruptcy, divorce), level and dateEnter your file numbersChoose from list of results (pay $6.00)View Information

• Case Basics, Parties, Documents, Hearings and Results, Transfers

• Purchase Documents• Obtain File Summary Report (additional $6.00)

e-SEARCHING: an example

e-SEARCHING: an example (See Handout, p. 1)

e-SEARCHING: an example (See Handout, pp. 2-6)

e-SEARCHING: a real example

bcMetals Corporation• Organization Name: bcMetals• Exact: 0 matches• Partial: 3 matches• Soundex: 124 matches

Red Chris Development Company Ltd.• Organization Name: Red Chris• Parial: 4 matches• Soundex: 24

Not all documents listedI.C.B.C. / ICBC / Insurance Corporation of BC

Inputting ErrorsPersistent and not readily correctedAlternatives?

e-Searching: Questions?

Tutorial on Services – An Example Search• Handout, pp. 7-13

Court Services Online E-Search Tips• Handout, pp. 14-19

Purchase Documents Online• Handout, pp. 20-24

THE NEXT STEP: e-FILING

Filing court documents electronicallyGoverned by Rule 69 of the Rules of Court (pp. 25 -29), Rule 22 Small Claims Rules (p. 30)Still in the Pilot Project Phase (Supreme Court Civil and Small Claims

• Kelowna/Vernon • Chilliwack • Victoria• Prince Rupert• Abbotsford (Small Claims Only)• Vancouver (Supreme Court Only)

Cost: $7.00/file

e-FILING: A ROCKY BEGINNING

Pilot Project Kick-Off March 22nd versus June 23rd

Activate BCeID and Register with CSOBCeID: single User ID and password for secure access to online government applications.

• Account Manager can create additional User Ids for people who want to access CSO

CSO: register with Court Services Online• Electronic Services Agreement

• Province not responsible for user failing to meet filing deadlines including due to inaccessibility or failure of the system

• Multiple versions

Librarians may be ill-suited to this task

e-FILING: How It’s Done

Prepare the form offline – convert to PDF• No signatures required, except affidavits and

orders

Login to CSO and complete online form• File number, style of cause, type of document,

registry location

Attach the document to the online form

Confirm payment amount

Submit the document for filing

Retrieve status of submitted documents• Submitted, filed, rejected, courtesy correction• No notification of status• View, download, print copies of filed documents

E-FILING: Do’s and Don’ts

Documents that cannot be E-Filed:Affidavit of Service (Provincial Court)Chambers RecordTrial RecordCertificate of Pending LitigationOrders under Court Order Enforcement ActOthers under Rule 69(5)

Documents that can be E-Filed:Documents with original signaturesAffidavits, if accompanied by Form 144, with the original documents being kept on file as prescribed by Rule 69(6) and (7)

e-FILING: an example (See Handout, p. 31)

e-FILING: an example (See Handout, pp. 33-34)

e-FILING: an examplereview status of filing

e-Filing: an examplereview status of filing

e-FILING: an examplesuccess!

e-FILING: QUESTIONS?

Thumbs Up• Most documents filed within 1-2 hours• Orders (incl. desk orders) entered more

quickly• Default Judgment obtained in 1-2 days• Documents filed at the time they are

submitted

Thumbs Down• Some ongoing technical problems• No notice of status change• 48-hour window• Errors, lack of universal standards• Honeymoon phase• Not enough Registry staff• Searching Court Files (caution)

FEDERAL COURT:e-Searching and e-Filing

e-SearchSearch by last name, corporate name, name of ship, court file number, intellectual property name, related cases

Obtain information concerning court file number, names of parties and counsel, related cases, filing date and city, summary of case history (“recorded entries”)

FEDERAL COURT:e-Searching and e-Filing

e-FilingPilot Project, limited to intellectual property cases only (areas to be added in early 2007)LexisNexis approved e-Filing service providerAccess to documents that have been filed electronically in their own casesPaper copies need not be filed in certain circumstancesTime of filing

e-SEARCHING: a Federal Court example

FEDERAL COURT: QUESTIONS?

Notice to the Profession• August 1, 2006 (pp. 38 – 39)

Annex to Notice to Profession• Amended July 31, 2006 (pp. 40 – 47)

Presentation by:

Jude Samson

Vancouver

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Vancouver, British Columbia

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Trials and Tribulations of e-Searching and e-Filing: Tales of a Pilot Project Participant

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