Eye On Regulation

By Carol Zukiwski

A Case


Our lizard brain knows we are talking to ourselves alone in a room.

The courts and many tribunals have concluded that using video technology to conduct a hearing does not inherently prejudice the right of a party to fully and fairly present its case. Evidence called through a video connection is offered live and any party offering and testing evidence has the same opportunity. Now that we have gotten familiar with the use of technology, it is likely that holding hearings via video will continue as a procedural option. LIUNA, Local 183 v Innovative Civil Constructors Inc, 2020 CarswellOnt 8853 (Ont Labour Relations Board) (June 22, 2020). There is a growing body of research that is exploring the strain that we experience spending long hours using video conferencing. Video conferencing requires us to be more attentive and the blips, delays and cut off sentences create confusion. Lengthy video conferences show a measurable buildup of stress related beta waves. The research shows that short breaks relieve stress. The blue image mean less stress and the red means more stress.


Our Two Cents for Free

The following are tips that are being offered as a way to relieve ‘zoom’ fatigue:

  • Acknowledge that it is real
  • Hide or cover your image
  • Shut off all your other programs
  • Put some distance between yourself and your camera / screen “zoom out”
  • Take frequent breaks

A Question

How can we adapt these tips in the hearing context?


Eye on Regulation is RMRF’s monthly newsletter for the professional regulatory community. Each month we offer:

  • A Case: a (very) brief summary of a recent and relevant case;
  • Our Two Cents for Free: practical insight inspired by the files on our desks right now; and
  • A Question: something to get you thinking about ways to enhance your work.

This newsletter is for information only and does not constitute legal advice.

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