Key Elements to Consider When Creating a Joint Document Brief in Ontario

Hi Everyone, it’s Kristy from Clearly Legal.

Today I want to talk about something critical in litigation practice: Joint Document Briefs (JDBs). These briefs are often required at trial, and they must be prepared with precision and agreement between counsel.

Elements to Consider When Creating a JDB (as noted in Bruno v. DaCosta, 2020 ONCA 602)

When constructing a Joint Document Brief in Ontario, here are the key questions and elements to address:

1. Originals vs. True Copies

   • Are the documents originals, or are they verified true copies that can be accepted without the original?

2. Dates of Preparation and Exchange

   • Is there agreement that documents were prepared and sent/received on or about the dates shown on their face?

3. Admissibility of Content

   • Is the content of each document admitted as truth, or must the truth still be established at trial?

4. Evidence Outside the Brief

   • Can the parties introduce additional evidence at trial that is not contained in the joint brief?

5. Special Treatment of Documents

   • Are there documents requiring different handling from the general agreement or understanding of the JDB?

6. Objections

   • Has any party objected to the inclusion of a particular document in the JDB?

     
     

Why Experience Matters with Joint Document Briefs in Ontario

Having a properly organized file and the skill to prepare a JDB efficiently can streamline trial prep. A properly prepared JBD will focus the trial, reduce disputes, and save both time and money. Over my 20+ years of litigation support experience, I have developed the skill to construct document briefs that are clear, properly indexed, and ready for court use.

📩 Contact Me If you need assistance building a joint document brief, contact me at kristy@clearlylegal.ca. My efficiency and attention to detail will help ensure your trial preparation runs smoothly and cost-effectively.