In the wake of the COVID-19 pandemic, video conferencing apps like Zoom became lifelines for countless industries. For personal injury litigation in Ontario, the shift to virtual meetings was more than just a temporary fix, it changed how we practice law in many lasting ways.

At Bergeron Clifford Injury Lawyers, a plaintiff-only firm serving Eastern Ontario, we have embraced these changes to better serve our injured clients. While Zoom and other video conferencing platforms have brought meaningful improvements to access to justice, they are not without their challenges.

The Accessibility Advantage

For many of our clients, people suffering from serious injuries, chronic pain, or disabilities, the physical demands of litigation can be overwhelming. Travelling to a law office, courthouse, or discovery location is not always feasible. That is where Zoom has proven to be a powerful tool.

Examinations for Discovery, once invariably conducted in formal boardrooms, can now be done from the comfort of a client’s home. This can reduce stress and fatigue, allowing clients to focus on the questions being asked rather than logistics. Similarly, case conferences, pre-trials, and even court appearances are frequently conducted virtually, saving time and money without compromising the process.

For clients in rural areas of Eastern Ontario, from Whitby to Cornwall, Pembroke to Kingston, Zoom eliminates long commutes, bad weather concerns, and physical strain. The convenience alone can make a significant difference in a client’s experience with the legal system.

Helping Clients Prepare – Virtually

Zoom also allows us, as lawyers, to spend more time with clients without needing in-person meetings. We use it to:

• Walk clients through what to expect in discoveries or mediations
• Review and explain legal documents
• Host strategy sessions with co-counsel and experts
• Maintain frequent check-ins throughout the litigation process

Virtual meetings create an efficient, flexible environment, especially helpful when injuries or medical treatments make scheduling difficult.

Limitations and Cautions

Despite the benefits, Zoom is not a panacea.

First, technical issues can be a barrier. Not all clients have reliable internet access, familiarity with the platform, or a quiet, private space for sensitive conversations. Our team often assists with setup and practice sessions, but there is still a learning curve.

Second, the formality of in-person proceedings is sometimes lost online. Examinations and mediations conducted over Zoom may lack the same gravitas, which can affect focus and tone. And for clients, it can feel more difficult to “read the room” or understand the non-verbal dynamics of a legal interaction.

Lastly, while Zoom allows us to see one another, it does not always allow us to connect in the same way. For lawyers, gauging a client’s emotional state or building rapport with a mediator or opposing counsel may be harder through a screen. We still strongly believe in the value of face-to-face communication, and whenever appropriate, we incorporate in-person meetings into the process.

Striking the Right Balance

At Bergeron Clifford, we are committed to using every tool at our disposal to make the litigation process more accessible, more compassionate, and more effective for injured Ontarians. Zoom is part of that toolbox, but it’s not the whole solution.

As technology continues to evolve, so too will the legal landscape. What remains constant is our dedication to client-centred advocacy, whether we meet across a table or through a screen.