Gary Joseph | Sept 2025
This article was originally published by Law360 (www.law360.ca), part of LexisNexis Canada Inc.
Can I have a show of hands, please? Who thinks that uploading cases to Case Center five minutes before a motion is to be argued is civil conduct? Is this even a debatable matter? Believe it or not, recently, opposite counsel
admonished me for even thinking that such conduct is uncivil. When I dared to complain, I was told not to be so “personal”! Oh, where have we gone wrong?
Recently, I had the pleasure of doing a mediation with a very experienced family law counsel. We found time during a long and difficult mediation to trade war stories and jointly lament a time that has passed. After the mediation was completed, we had dinner together. Here’s what we discussed.
Did you know there was a time in the not-too-distant past when the courts basically closed down (but for emergency matters) for July and August? Busy counsel took the time to recharge.
Did you know there was a time when discourse on matters of civility was not necessary? You fought inside the ring (court) and you shared drinks (I drink tea) and stories after.
Did you know there was a time when a delay of a day or two in responding to a call or letter was notmet with angry follow-up emails or threats? You had time to think, plan and consider a response not burdened by the temptation of a “respond all” immediate reply.
Did you know there was a time when a phone call was considered a better way to deal with a problem? Really, lawyers called each other on a regular basis! How strange — not.
Did you know there was a time in the not-too-distant past when being a member of the Law Society of Upper Canada was a matter of pride and a note of distinction? Now, I share my status as a licensee of an organization ashamed (unnecessarily, in my view) of its past.
We live in a world, in a society polarized to the extreme. We need to get back to the centre. Both my learned friend, with whom I enjoyed the difficult mediation, and I believe that a return to some of our past ways may move us closer to better times. And yes, I believe it quite uncivil to serve cases and upload them to Case Center five minutes before a motion!
You can read this article directly on Law360.
Gary S. Joseph is counsel to the firm of MacDonald & Partners LLP. A certified specialist in family law, he has been reported in over 350 family law decisions at all court levels in Ontario and Alberta. He has also appeared as counsel in the Supreme Court of Canada. He is a past family law instructor for the Law Society Bar Admission Course and the winner of the 2021 OBA Award for Excellence in Family Law.
The opinions expressed are those of the authors) and do not necessarily reflect the views of the author's firm, its clients, LexisNexis Canada, Law360 Canada, or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
