ONTARIO's COURTS

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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 Proceedings

PROVINCIAL NOTICES

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)

Notice to the Profession and Public Regarding Court Proceedings (Dec 22)

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.

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. See notice.

Notice to the Profession and Public Regarding Court Proceedings (Nov 21)

In view of the public health situation, effective Monday, November 23, 2020, the Court will not commence any new jury selection in any court location except in those in a Green Zone as defined by the Ontario Government as of the date of this notice https://www.ontario.ca/page/covid-19-response-framework-keeping-ontario-safe-and-open. 

This will remain in effect until at least January 4, 2021. An update will be issued on December 29, 2020. 

SCJ Revised Notice to the Profession RE: use of CaseLines

  Recording of the November 18, 2020 CaseLines Information Session (1 hour): https://vimeo.com/480936668

CASELINES FAQ

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 EFFECTChief 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

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)

Visit the Federal Court website for access to all forms, e-Filing needs, "how to" docs & videos, Court files, and decisions.

CLICK HERE

In July 2020, in the midst of COVID-19, the Federal Court released their Strategic Plan for 2020-2025.

The 2020-2025 Strategic Plan addresses the steps that the Court intends to take in the pursuit of two principal objectives: (i) significantly increasing access to justice, and (ii) enhancing the ability of the Court to serve the public across Canada.

The primary focus of the first principal objective will be upon accelerating the Court’s shift away from being a paper-based organization, towards being a more accessible digital court. That shift was given added stimulus in the wake of the outbreak of the recent COVID-19 pandemic, when the Court rapidly expanded its capability to conduct virtual hearings with participants situated in their respective homes, by telephone and video conference.

As the Court continues to expand its digital capabilities, its principal areas of focus will include:

· making more broad-based use of e-filing and electronic service;

· moving toward treating electronically filed materials as the official court record;

· making more widespread use of electronic courtroom software, during in-person and “virtual” hearings;

· enhancing its internal and outward-facing electronic scheduling capabilities;

· providing the parties to disputes before the Court with an ability to electronically access non-restricted documents in the Court’s record;

· providing the public and the media with electronic access to non-confidential Court records, as well as to the non-confidential portion of electronic hearings; and

· making increased use of web-based virtual hearings and webcasting.

This strategic plan builds on the Court’s 2014-2019 Strategic Plan.

In brief, the Court and many others within its ecosystem need to expand their digital capabilities.