In April 2020, FOLA, along with the Advocates’ Society, the Ontario Bar Association, and the Ontario Trial Lawyers Association, created the joint E-Hearings Task Force to review technologies that can help ensure Ontario’s justice system continue to function during and following the coronavirus pandemic.
On May 13, 2020, the e-Hearings Taskforce released some helpful documents (linked below) on best practices to help provide guidance to anyone who is considering preparing for and participating in a remote hearing.
WE WANT YOUR FEEDBACK!
If you've participated in a remote hearing and have some additional suggestions, we'd love to hear them! Please email Katie Robinette at firstname.lastname@example.org and put "REMOTE HEARINGS" in the subject line.
The OTLA prepared a submission to the Courts and MAG regarding the Modernization of Ontario's Civil Justice System.
Chapter 4 covers: Best Practices for Remote Examinations for Discovery
Chapter 5 covers: Best Practices for Remote Mediations
You can download the report here.
Deadline: July 31, 2020. The submissions should be no more than 5 pages and should be sent to Falguni Debnath, Senior Legal Officer c/o Victoria Anderson at Victoria.Anderson@ontario.ca
OCJ UPDATE -CRIMINAL: Notice to Counsel and the Public re: Criminal Matters in the OCJ - Effective May 11, 2020, updated May 22, 2020
Criminal Case Adjournment Dates – Out-of-Custody Accused -updated May 22, 2020
Order Adjourning Child Protection Matters (May 6, 2020)
OCJ Notice: Scheduling of Family Matters (May 7, 2020)
SCJ UPDATE: Information on Matters to be Heard in the SCJ during the COVID-19 crisis, Effective May 19, 2020
OCJ UPDATE: Notice to Counsel/Paralegals and the Public re: Provincial Offences Act Matters - May 19 2020
OCJ UPDATE: Notice Regarding Media and Public Access to OJC Proceedings during the COVID-19 Pandemic (revised May 15, 2020)
OCJ NOTICE ABOUT REOPENING - DELAY (MAY 4)The OCJ will not be returning to full operations on May 29, 2020. No trials or preliminary inquiries will be conducted until July 6, 2020 at the earliest, unless a judge seized with a continuing matter orders otherwise. READ FULL NOTICE
NOTICE: SMALL CLAIMS COURT (MAY 4) In order to protect the health and safety of the public and court staff, Small Claims Court counter services are suspended until further notice. READ FULL NOTICE
Provincial Notices to the Profession from Chief Justice Morawetz (Criminal and Civil/Family). They address a variety of issues including emailing material to the court, service by email, media access to court proceedings, and gowning. They include links to the eight Regional Notices to the Profession. The eight Regional Notices identify which matters may be heard in each region, and the process to have a matter heard. APRIL 2, 2020
Memo from the Office of the Chief Justice that provides a summary of the Notices to the Profession issued April 2, 2020
Notice to the Legal Profession from Chief Justice Morawetz announcing that the scope of events that may be heard remotely by the Superior Court of Justice will expand, effective April 6, 2020.
Effective Monday, March 16, 2020, all sittings of the Ontario Small Claims Court are suspended until further notice. See full notice here.
SCJ notice to the profession, the public, and the media regarding civil and family proceedings: suspension of SCJ regular operations - March 15
SCJ Notice to profession, accused persons, crown, Public Prosecution Service of Canada, correctional institutions, witnesses, jurors, the public, and the media regarding criminal operations: suspension of SCJ regular operations - March 15
Quick-Reference Chart: Remote Appearances by under the Criminal Code
Ontario SCJ notice to the profession concerning the effect of COVID-19 on court operations in the province - March 13
COVID-19 Pandemic Planning for the Scheduling of Matters in the Ontario Court of Justice (includes definition of "urgent" regarding family and criminal matters)
The report of the discount rate subcommittee of the Civil Rules Committee dated April 27, 2020 and entitled “ Report to the Civil Rules Committee on rules 53.09 and 53.10” is now available on the Court of Appeal’s website,
The report was prepared by the discount rate subcommittee to assist the Civil Rules Committee in its quadrennial review in accordance with s.66(4) of the Courts of Justice Act of the following:
1. the discount rate to be used in determining the amount of an award in respect of future pecuniary damages;
2. the method of calculating the amount to be included in an award of damages to offset any liability for income tax on income from investment of the award;
3. the prejudgment interest rate with respect to the rate of interest on damages for non-pecuniary loss.
The report was provided to the members of the Civil Rules Committee and was the subject of discussion at a recent meeting. The Civil Rules Committee will reconvene to further consider the report.
If your organisation wishes to make submissions on the report, please do so by July 31, 2020. The submissions should be no more than 5 pages and should be sent to:
All submissions made to the discount rate subcommittee have been made available to the members of the Civil Rules Committee. If your organisation made submissions to the discount rate subcommittee, the Committee asks that you not repeat submissions already made. If any error was made in the report in summarizing your submissions, please advise.