QUICK LINKS

On September 30th, in recognition of our Inaugural National Day for Truth and Reconciliation, the SCJ, OCJ, and CAO Courts will be closed except for certain matters that must be heard.  See notice here.

OCJ - Criminal Update (May 18, 2021): Resumption of out-of-custody trials and preliminary inquiries as of May 25, 2021 

OCJ Notice RE: Scheduling of Family Matters in the OCJ. 

In essence, the May 4, 2021 Notice adjourning all in-person and hybrid (a combination of in-person and virtual) family and CYFSA trials continues until May 21, 2021.  Beginning Tuesday, May 25, 2021, all in-person and hybrid family and CYFSA trials may proceed as scheduled.

The Ontario Court of Justice has updated its Scheduling of Family Matters. (May 4, 2021)

The OCJ has an update re Criminal Proceedings: reducing out-of-custody trials and preliminary inquiries between April 26 and May 21, 2021 (published April 21, 2021; updated May 4, 2021)

Update re Criminal Proceedings: adjournment of out-of-custody trials and preliminary inquiries between April 26 and May 7, 2021 (April 21, 2020)

COVID-19: Notice to Counsel/Paralegals and the Public Re: Provincial Offences Act Matters in the OCJ (Revised March 31, 2021)

REVISED NOTICE: COVID-19: Scheduling of Family Law Matters at the OCJ  (Jan 15)

In light of Ontario’s Emergency Order, the new Scheduling of Family Law Matters directive eliminates the reference to certain appearances being presumptively in person and waives the requirement to file sworn documents, beyond unsworn affidavits of service. 

Electronically signed documents are acceptable for filing.  There is an additional resource by Pro Bono Students Canada for litigants who are unable to afford a lawyer but do not qualify for LAO services. The new Scheduling directive is effective as of January 14, 2021. 

OCJ Message regarding the December 2020-January 2021 lockdowns (Dec 22)

    Ontario Court of Justice Public Notice RE: Access to Courthouses - November 21, 2020

Notice Update (November 18, 2020): Criminal Case Management Appearances on or after November 30, 2020

As of Monday November 30, 2020, accused persons are required to attend for their scheduled appearance in criminal case management court – either by having counsel appear on their behalf or by appearing by telephone or video. 

Notice to Public Regarding Provincial Offences Act Matters (Oct 14, 2020) 1

Notice to the Public Regarding POA Matters (Oct 14, 2020) 2

About Criminal Proceedings in the OCJ (Updated September 17, 2020)

About Family Proceedings in the OCJ (Updated September 18, 2020)

About Provincial Offences Act Proceedings in the OCJ (Updated September 11, 2020)

General Information: COVID-19 Procedures and Scheduling

Contacts and Courthouse Info

Notices and Info about Criminal Proceedings

Notices and Info about Family Proceedings

Notices and Info about Provincial Offences Act Proceedings

Remote Hearing Guides

Resources for Self-Represented Persons

Public and Media Access to Court Proceeding

PROVINCIAL NOTICES

On September 2, 2021, the SCJ issued a provincial Notice to the Profession which takes effect on September 13th, 2021 and is available here.

You will see in the Notice that the SCJ is introducing province-wide page restrictions for both conferences and short/regular motions.  Recognizing that materials may already be in progress for upcoming attendances, they have asked Court Services staff not to strictly enforce these new restrictions until the end of September.  That being said, judges are already aware of these new restrictions and counsel should therefore not expect them to have reviewed materials that exceed the restrictions barring unusual circumstances.

On July 23rd, the SCJ's Consolidated Notice to the Profession and Public Regarding the Small Claims Court was amended today to:

• Provide for scheduling terms of payment hearings and new trials.
• Add a reminder to file all documents that a claim is based on.
• Explain that the Court is not dismissing actions for delay until further notice.
• Clarify and shorten various sections.

 Small Claims Court Working Group’s Webinar (June 23, 2021)

Accompanying materials (under Court Resources)

On July 20, 2021, a regulation was filed to amend court rules and forms for civil proceedings in the Superior Court of Justice: O. Reg. 526/21, amending the Rules of Civil Procedure.  The amendments and forms will come into force on September 1, 2021. 

This regulation revises the procedure to fix the method of attendance for out-of-court examinations and mediations. It makes amendments to six rules and four forms. 

The rule amendments include:

• revising r. 1.08 (8) to alter the procedure to object to the proposed method of attendance for an out-of-court step and to capture more out-of-court steps;
• clarifying the language in r. 1.08 (1), (5), and (6) regarding the method of attendance at a hearing or other in-court step;
• clarifying that mediators shall give notice of the method of attendance in rr. 24.1.09 (7) and 75.1.07 (7); and
• removing the reference to attending mediation sessions “in person”  in rr. 75.1.03, 75.1.05(4), and 75.2.02.

Forms 24.1B, 34A, 34B, and 53C are revised to provide information to the recipient about the procedure to object to the selected method of attendance.

A summary of the regulation is available on Ontario’s Regulatory Registry at: 21-MAG024

Chief Justice Morawetz’s June 18, 2021 update to the Notice to the Profession and Public Regarding Court Proceedings was revised on June 29th to clarify the Court’s direction regarding gowning. It now provides:

For in-person proceedings, counsel must gown in accordance with paragraphs 59-61 of the Consolidated Provincial Practice Direction. Gowns are not required in virtual proceedings. Where gowning is required, counsel must gown regardless of whether the presiding judicial official is a judge or a master.

On June 21st, the SCJ's Consolidated Provincial Practice Direction was amended in Part II: Proceedings under the Class Proceedings Act. Paragraph 42.1 now links to model orders prepared by the Class Action Bench-Bar Liaison Committee.  

On June 18th, the SCJ issued a Notice to the Profession and Public Regarding Court Proceedings and the Resumption of Jury Trials.

An SCJ Notice to the profession regarding CaseLines on June 18th has been amended as follows:

a) On July 5, 2021, CaseLines will begin being used in the Central West, Northeast and Southwest regions in select civil, family and criminal hearings. Parties may receive email invitations to their cases starting on June 21, 2021. Please review the entire notice of profession before preparing for your hearing. Also see the At-A-Glance Guide to Virtual Hearings.

b) Parties are reminded to upload documents into the hearing-specific sub-bundle, not the master bundle (Part C paragraph 5).

c) Parties in family and civil matters must upload pleadings into the Pleadings Bundle (Part C paragraph 13).

d) If a party sees that inappropriate documents have been uploaded into CaseLines by an opposing party, he/she must advise the Court in the event confirmation form, if any, and by making a Case Note in CaseLines for the judicial official’s review (Part C paragraph 14).

e) Court staff may upload endorsements and orders into the Orders and Endorsements Bundle in CaseLines instead of emailing them to parties (Part D). Remember, parties must ensure that all previous orders and endorsements in the case have been uploaded into the Orders and Endorsements sub-bundle in CaseLines so they can be accessed by the judiciary at future hearings.

Parties are reminded to refer the Court to the CaseLines-generated page numbering during hearings (see Part C paragraph 6 for naming/numbering documents).

Small Claims Court notice updates: As of June 4, 2021, the Consolidated Notice to the Profession and Public Regarding the Small Claims Court was updated to:

• Indicate the new process for requesting a motion on notice.
• Set out the expanded list of documents that the Small Claims Court E-Filing Service Portal will now accept (documents in support of default judgment).
• Provide further information about the scheduling process.

Binding Judicial Dispute Resolution pilot – new affidavit form: The Court has posted the Affidavit in Support of a Binding Judicial Dispute Resolution hearing form to its website. 

SCJ update: An order of Associate Chief Justice McWatt further adjourning certain Small Claims Court proceedings to July 5, 2021  

The 2nd version of the At-A-Glance Guide to Virtual Hearings is now available on the SCJ website. This document contains a compilation of resources and information about virtual hearings in the SCJ, including a model virtual hearing protocol. 

The guide was prepared by members of the SCJ Civil Working Group 

  On May 12th, Chief Justice Morawetz’s issued a Notice to the Profession and Public Regarding Court Proceedings. It is available here.

On May 17, 2021, a regulation was filed to amend court rules and forms for civil proceedings in the Superior Court of Justice: O. Reg. 343/21, amending the Rules of Civil Procedure.

The regulation amends three rules of the Rules of Civil Procedure to:

• eliminate the 60-day delay between a party setting down a defended action for trial and the action being placed on the trial list and make consequential amendments to this rule change; and
• revoke two obsolete provisions regarding the time for trial listing for matters outside Toronto, to reflect existing practice across the province.

Notice to Profession and Public Regarding Court Proceedings – UPDATE April 20, 2021 

Effective April 16, 2021, amendments to the Supplementary Notice to the Profession and Litigants in Civil and Family Matters Regarding the Caselines Pilot, E-Filing, and Fee Payment include a requirement to upload a completed Participant Information form before or during each hearing (replacing the counsel slip). 

The SCJ issued a Consolidated Notice to advise that, effective April 12, 2021, the Small Claims Court will no longer be scheduling hearings based on request forms. Hearings will be scheduled as per the requirements of the Consolidated Notice to the Profession and Public Regarding the Small Claims Court. The notice is to be updated next week with new scheduling procedures. 

Chief Justice Morawetz’s Notice to the Profession and Public Regarding Court Proceedings was updated in light of the stay-at-home order that is in effect until May 6, 2021. The updated notice is available here.

Consolidated Notice to the Profession and Public Regarding the Small Claims Court - April 9, 2021

Chief Justice Morawetz’s Consolidated Notice to the Profession and Public Regarding the Small Claims Court was updated on March 15.

Key messages:

• there is no more date restriction on settlement conference requests;

• parties may now request any type of motion on notice to other parties; and

• some filing requirements have been clarified.

  Chief Justice Morawetz’s Supplementary Notice to the Profession and Litigants in Civil and Family Matters Regarding the Caselines Pilot, E-Filing, and Fee Payment is available here (Feb 24).

  On February 11, 2021, regulations were filed to amend the court rules and forms for Small Claims Court proceedings and civil proceedings in the Superior Court of Justice, namely: 

O. Reg. 108-21, amending the Rules of the Small Claims Court; and O. Reg. 107-21, amending the Rules of Civil Procedure

The Small Claims Court amendment regulation establishes new electronic processes in Small Claims Court proceedings through amendments to 17 rules and 23 forms and the creation of 2 new rules.

The amendments to the Rules of Civil Procedure and related forms allow for email service on the Crown in right of Ontario, the Attorney General, Children’s Lawyer and the Public Guardian and Trustee for originating processes and other documents as an alternative to personal service.

The new rules related to serving the Crown in right of Ontario and related entities are subject to O. Reg. 76/20 (Electronic service) under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, as long as O. Reg. 76/20 remains in effect.

A summary of each regulation is available on Ontario’s Regulatory Registry at: 

21-MAG003 (O. Reg. 108-21)

21-MAG002 (O. Reg. 107-21)

The regulations come into force on March 1, 2021. 

On January 25, 2021, the Justice Services Online (JSO) platform will be expanded to enable online filing of Small Claims Court (SmCC) documents that cannot currently be filed through Service Ontario’s Small Claims Online platform. Almost 70 additional SmCC documents will be eligible for filing through JSO.

 Users can pay court fees online securely by debit or credit card. Users can also use JSO to request a fee waiver certificate or submit documents with an existing fee waiver certificate. 

Getting Access 

To access Justice Services Online, users are required to sign in to ONe-key and create a JSO account. ONe-key is a unique electronic credential that allows you to communicate securely with online government services.. Click here to learn more.

The ministry will enhance the service based on user feedback. If you have any questions or would like to provide feedback about the service, please contact Peter O’Keefe (Peter.OKeefe@ontario.ca), Director, Project Implementation Branch, Ministry of the Attorney General. 

The Consolidated Notice to the Profession and Public Regarding the Small Claims Court has been amended to: include the document naming protocol that took effect for SCJ and Small Claims Court matters on January 11, 2021; provide that the Court will, as of January 18, 2021, accept all requests to clerk for assessment hearings; and consolidate the two types of settlement conferences (on consent of all parties, and on one party’s request) into one (Jan 15)

Notice to the Profession and Public Regarding Court Proceedings (Jan 13)

Gowning for counsel and attire modifications – Effective January 18, 2021, amendments the Consolidated Provincial Practice Direction specify in paragraph 59 the court attendances (in person) at which counsel are not required to gown. Paragraphs 60 and 61 specify that counsel may modify their traditional court attire in order to accommodate personal circumstances.   These amendments relate to in person hearings only. For virtual hearings, the Chief’s COVID-19 notice provides as follows: PROCEDURES GOVERNING ALL SCJ PROCEEDINGS DURING SUSPENSION OF IN-COURT OPERATIONS (Section C #2) Gowning: The requirement to gown for an appearance in the SCJ is suspended. Counsel, parties and others participating in video hearings are expected to dress in appropriate business attire. Judges will similarly dress in business attire. (Jan 11)

Class actions – Effective January 18, 2021, amendments the Consolidated Provincial Practice Direction specify in paragraph 43 that costs outlines must be filed in certification and other motions. Amendments to paragraph 44 create a new Class Proceedings Judge’s Book of Authorities with links to the CanLii website. Counsel need not include in their filed books of authorities any of the cases contained in the Class Proceedings Judges’ Book of Authorities. However, extracts from those authorities which counsel intend to refer should be included in the filed book of authorities. (Jan 11)

Best Practices Guide for Class Proceedings - The Class Actions Bench and Bar Liaison Committee drafted a Best Practices Guide to assist both counsel and judges by providing suggested topics and processes to be considered in connection with the case management of class actions. (Jan 11) 

Toronto Commercial List and Estates List Filing Direction – Amendments to the Toronto Commercial List and Estates List Filing Direction clarify requirements for filing documents with the court and uploading them to a document sharing platform in advance of hearings. (Jan 11)

CaseLines FAQ - The CaseLines FAQs have been updated. FAQ 7 sets out the court’s new document naming protocol. FAQ 8 indicates that tabs and bookmarks are now functional in CaseLines. (Jan 11) 

Small Claims Court adjournment order – An order of Chief Justice Morawetz further adjourning certain Small Claims Court proceedings to March 1, 2021 is now on the SCJ website. (Jan 11)

The Small Claims Court notice now provides a document naming protocol. It is in the Email Filing section of the public notice. (Jan 11)

DOCUMENT NAMING PROTOCOL

Effective January 11, 2021, amendments to Part C (section 8) of the Consolidated Notice to the Profession, Litigants, Accused Persons, Public and the Media set out a standard document naming protocol for all documents submitted to the court in electronic format.

Effective November 30, the Consolidated Notice to the Profession and Public Regarding the Small Claims Court has been amended. The Court will now accept requests for:

• Motions in writing that are without notice to any other party, whether the motion is new or previously filed; and
• Settlement conferences, if all defendants had filed a defence or been noted in default prior to August 31, 2020. (A settlement conference does not need to have been previously scheduled.)

Request forms have also been updated and can be found in the same places as the old forms (linked in the relevant section of the notice). For example, the part about motions to set aside defaults reads:

The Court is accepting requests to hear motions to set aside a noting in default or default judgment. To make that request, please submit the request form to the following email address: smallclaims.motions@ontario.ca. Your email must comply with the requirements in the Email Filing section below. The updated form can be accessed by clicking on “request form”.

SCJ Notice:  Continued suspension of Small Claims Court operations due to COVID-19 (Nov 3)

Small Claims Court Notice RE: Expansion of Operations (Oct 28). The Small Claims Court public notice now provides that the Court will accept requests for the following matters:

1. motions to set aside a noting in default and/or default judgment;

2. requests to clerk for an assessment hearing, if initially filed before March 16,  2020; and

3. motions in writing, if initially filed before March 16, 2020.

The updated notice also provides new information about email filing.

The Small Claims Court has updated its Consolidated Notice to the Profession and Public 

1. The Court is lifting the date range limiting the previously scheduled settlement conferences it will hear remotely at the request of one party.

2. There is now information about the re-opening of Small Claims Court counter service.

SCJ Consolidated Notice to the Profession, Litigants, Accused Persons, Public and the Media provides for an electronic process to apply for a Certificate of Appointment of Estate Trustee (Oct 6)

Supplementary Notice to the Profession and Litigants in Civil and Family Matters Including Electronic Filings and Document Sharing (Caselines Pilot) (September 2, 2020)

Notice to Profession for Appeals from the Landlord and Tenant Board in the Divisional Court (Effective August 24, 2020)

Notice Regarding the Suspension of Small Claims Court Operations (August 26, 2020)

Memorandum  – Chief Justice Morawetz to all Associations Re: Caselines (July 29, 2020)

Notice to the Profession re: Justice Participants Unable to attend In-Court Hearings in the Ontario Superior Court of Justice (July 21, 2020)

Notice to the Profession – Divisional Court (June 29, 2020)

Notice to the Profession, Litigants, Accused, Media and Members of the Public (June 25, 2020)

Consolidated Notice to the Profession, Litigants, Accused Persons, Public and the Media: Effective May 19, 2020 (May 13, 2020)

Notice Re Urgent Matters Emailed to Trial Co-Ordinators (March 24, 2020)

REGIONAL NOTICES

ORDERS OF THE CHIEF JUSTICE

OTHER DOCUMENTS

NOTICES NO LONGER IN EFFECT Chief Justice Morawetz has extended the suspension of jury trials until at least January 29, 2021 in all areas of the province except Green Zones. Jury trials will recommence on Monday, Feb. 1, 2021 at the earliest.

PRACTICE DIRECTIONS & NOTICES REGARDING COVID-19

  Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic

On March 15, 2021, the Court of Appeal for Ontario released a new practice direction that will come into force on March 29, 2021. It will be called the Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic.

It can also be found at this link. The French version of the consolidated practice direction can be found at this link.

  Practice Direction Concerning Public and Media Remote Observation of Oral Hearings During the COVID-19 Pandemic” (Jan 25, 2021) English Version. French Version.  

The practice direction explains that, unless there is a legal provision or a court order that requires a hearing to be held in camera, members of the public and the media may observe hearings remotely by connecting to the hearing by Zoom or by telephone. The practice direction also explains that those who wish to observe a hearing, so long as it is not in camera, may obtain the Zoom connection information from the parties or their counsel or from the Office of the Registrar. Finally, the practice direction explains that the Court of Appeal has revised and renamed its counsel slip. It is now called “Counsel Slip and Hearing Information Form”. 

The English version of the Counsel Slip and Hearing Information Form can be found here; the French version can be found here.  

This new form asks questions about privacy and publication concerns. It will be required in single judge motions filed on or after Feb. 1, 2021. It will be required in panel motions and appeals heard on or after Feb. 8, 2021.

NOTE: All limitation and procedural time periods that were previously suspended pursuant to O. Reg. 73/20 have resumed. For further information, please see the government's news release and O. Reg. 457/20. Procedural time periods that were previously suspended in the Court of Appeal already resumed running on Thursday, July 16, 2020. For information on the resumption of time periods at the Court of Appeal, please see the Practice Directions and Notices regarding COVID-19. 

Amended Practice Direction Regarding the Electronic Conduct of Matters During the COVID-19 Emergency (PDF) (July 13, 2020)

Notice Regarding Videconference Appearance Technology (Zoom) (July 6, 2020)

Amended Practice Direction Concerning Manner of Service, Inmate Appeal Books, and Orders for Release of Electronic Exhibits in Criminal Matters Given the Exceptional and Evolving Circumstances Concerning COVID-19 (PDF) (June 25, 2020)

Practice Direction Concerning the Reinstatement of Times Prescribed in Criminal Proceedings in the Court of Appeal for Ontario (PDF) (June 25, 2020)

Practice Direction Concerning the Reinstatement of Times Prescribed in Civil Proceedings in the Court of Appeal for Ontario (PDF) (June 25, 2020)

Practice Direction Concerning the Reinstatement of Times Prescribed in Proceedings Arising Under the Provincial Offences Act in the Court of Appeal for Ontario (PDF) (June 25, 2020)

Practice Direction Concerning Revised Court of Appeal Release Order Form for Use Only During the Exceptional and Evolving Circumstances Concerning COVID-19 (PDF) (April 20, 2020)

Practice Direction Concerning Applications for Bail Pending Appeal at the Court of Appeal for Ontario Given the Exceptional and Evolving Circumstances Concerning COVID-19 (PDF) (April 5, 2020)

Notice Regarding Videoconference and Teleconference Appearance Technology (CourtCall) (March 27, 2020)

Notice of Public Counter Services (March 23, 2020)