Duty of the court to self-represented litigants

Summary

In a recent Ontario Court of Appeal case, the court discussed the duties judges have when hearing cases with self-represented litigants to ensure a fair hearing. The court said judges can ask litigants to summarize their perspective of the case, allow them to provide oral evidence, help them provide relevant information through directed questions, while being careful not to cross into advocacy. The court also said self-represented litigants have a duty to learn the relevant rules, procedures and laws. Opposing counsel also has duties in these cases. Overall, judges, self-represented litigants and counsel all have certain duties to help ensure a fair legal process.

Takeaways

• 😀 The video discusses the duties of the court when hearing cases with self-represented parties
• 😃 A recent case called Grand River v. Rambus addressed this issue
• 😄 Judges can ask self-represented litigants to explain their perspective on the case
• 😁 Judges may allow self-represented litigants to provide oral evidence and be cross-examined
• 😆 Judges can help guide self-represented litigants to provide relevant information, but cannot advocate
• 😎 Self-represented litigants must know court rules, procedures and applicable law
• 😏 Opposing counsel also has duties in cases with self-represented litigants
• 🧐 Judges must remain impartial and cannot favor one side
• 🤓 Self-represented litigants should check the video description for useful links
• 😊 The hosts thank viewers and invite them to subscribe for more content

Q & A

What was the recent court case that discussed the duties of the court when self-represented parties are involved?

The recent court case was called Grand River versus Rambus in the Ontario Court of Appeal.

What are some things judges can do to ensure self-represented litigants have a fair hearing?

Judges can ask the litigant where they think the litigation is at to get their perspective, allow them to provide oral evidence, help them provide relevant information through directed questions, while still remaining impartial.

What duties do self-represented litigants have?

Self-represented litigants need to familiarize themselves with the rules, procedures and applicable law of the court so they can properly prepare and present their case.

Why can't judges be biased towards or against a self-represented litigant?

Judges have to remain impartial in all cases to ensure fairness and justice.

What rules should self-represented litigants know that apply to court hearings and proceedings?

Self-represented litigants should know the procedural rules like the rules of civil procedure that govern how hearings and court proceedings are conducted.

What resources are mentioned that can help self-represented litigants?

Litigation Help has guides and templates to help self-represented litigants fill out civil motion court forms.

Why should self-represented litigants not expect to be able to provide oral evidence in every case?

Judges allowing self-represented litigants to provide oral evidence is not a guaranteed right, it is done at the judge's discretion when they feel it would help the specific case.

What duties do opposing counsel have towards self-represented litigants?

The video does not provide details on duties of opposing counsel, but implies they should also ensure fairness.

Where can you find additional resources mentioned in the video?

There are links provided in the description box of the video for excerpts and other resources referenced.

What steps can you take if you want to be notified of upcoming videos on this channel?

You can subscribe to the channel and hit the bell icon to be notified of new videos.