COVID-19 & THE PRACTICE OF LAW
COVID-19 - COURT UPDATES
MORE COVID-19 UPDATES FOR LAWYERS
MORE COVID-19 UPDATES FOR LAWYERS
APRIL 2, 2020 NOTICES
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.
Memo from the Office of the Chief Justice that provides a summary of the Notices to the Profession issued April 2, 2020
Notice to Court Users re: Access to Ontario Court of Justice Proceedings during the COVID-19 Pandemic (March 28, 2020)
Notice to the Legal Profession and the Public regarding the process of emailing urgent documents at the Ontario Court of Justice (March 28 2020)
Notice to the Legal Profession from Chief Justice Morawetz announcing that the cope of events that may be heard remotely by the Superior Court of Justice will expand, effective April 6, 2020.
Notice with respect to attending at courthouses in person at this time along with other COVID-19 - March 23, 2020
Effective Monday, March 16, 2020, all sittings of the Ontario Small Claims Court are suspended until further notice. See full notice here.
The Ontario Superior Court of Justice issued a notice to the profession, the public, and the media on March 15th regarding civil and family proceedings advising as to the suspension of SCJ regular operations - March 15
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 superior court of justice 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)
You may also wish to visit the Superior Court of Justice, Ontario Court of Justice, Court of Appeal or Tribunals Ontario websites.
MORE COVID-19 UPDATES FOR LAWYERS
MORE COVID-19 UPDATES FOR LAWYERS
MORE COVID-19 UPDATES FOR LAWYERS
FOLA WEEKLY UPDATES
(Updated frequently, the above link takes you to the LSO COVID-19 info and resource section)
(Please be advised that there will be a scheduled maintenance outage this Sunday, April 5, from 1 p.m. to 11 p.m.during which the LSO Portal and the Law Society Referral Service (LSRS) will be unavailable)
LSO QUICK LINKS
Practice Management FAQs (for licensees)
Bookkeeping FAQs (for licensees)
LSO Business Operations FAQs (for public, candidates and licensees)
During this time of emergency, the OBA, the Advocates’ Society, the OTLA, the CDL, and FOLA have come together (under the leadership of the OTLA) in an attempt to prioritize judicial resources available for civil matters. You can view our submission to assist the judiciary here.
INFORMATION FOR REAL ESTATE LAWYERS
NEW TO THE WORLD OF ONLINE MEETINGS? WATCH THIS SHORT VIDEO!
IMPROVE YOUR VIRTUAL MEETING SKILLS IN 4 EASY STEPS!
VOLUNTEER OPPORTUNITY: LSO EMERGENCY FAMILY LAW REFERRAL LINE
In response to the suspension of regular court operations, the LSO set up an Emergency Family Law Referral Line ("EFLRL") with support from the OBA, FOLA, the courts and various family bar groups. The EFLRL call centre has LSO staff who will connect self-represented litigants with lawyers for 30 minutes of pro bono legal advice to assist in determining whether their matters are “urgent” as defined by the Courts and to help those with urgent matters get further assistance.
If you are interested in joining the roster of lawyers providing this pro bono service, please email advocacy@oba.org with the following information: (1) Your contact information; (2) Whether you are able to take on domestic violence and child protection matters; (3) Whether you provide legal services in French.
VISIT OUR SPECIAL COVID-19 PRACTICE RESOURCE SECTION!
Contains a selection of online tools and resources to help get you through this epidemic.
ONTARIO GOVERNMENT & MAG UPDATES
MORE COVID-19 UPDATES FOR LAWYERS
ONTARIO GOVERNMENT & MAG UPDATES
TO JUMP TO OUR REGULAR MAG INFORMATION, CLICK HERE
On April 7, 2020, the Lieutenant Governor in Council made an order under s. 7.0.2(4), of the Emergency Management and Civil Protection Act permitting virtual witnessing for wills and powers of attorney provided that at least one person who is providing the service as a witness is a licensee pursuant to the Law Society Act.
* April 3 *
FULL LIST OF ESSENTIAL SERVICES
* Updated April 3 *
Includes "Professional and social services that support the legal and justice system")
SPRING 2020 ECONOMIC & FISCAL UPDATE
Effective immediately, documents to be served on the Crown and related entities in any civil (non-criminal) proceeding, administrative proceeding or intended proceeding must be served by email, in accordance with the instructions here
Notice to the Legal Profession regarding the expansion of the Civil Claims Online service
EMERGENCY MANAGEMENT & CIVIL PROTECTION ACT
On March 20, 2020, the Lieutenant Governor in Council made an order under s. 7.1 of the Emergency Management and Civil Protection Act suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020.
COPY OF THE ORDER & LEGISLATION
Further inquiry can be directed to the following addresses, quoting the reference # attached to your response/ in the subject line:
E-mail: attorneygeneral@ontario.ca
ALERT: Due to COVID-19, courts, tribunals and justice-related services are not operating as usual. Some services and sittings have been suspended.
Ontario Statement on Correctional Facilities - COVID-19 - MARCH 13
The MAG newsfeed page can be found here.
LEGAL TECH
In an effort to expedite the most promising e-solutions and platforms to improve the justice in the era of COVID-19, the Premier has launched a new online portal to give businesses an opportunity to propose solutions.
FOLA encourages layers & anyone in the legaltech space to have a look!
GOVERNMENT RESOURCES
WHAT'S NEW!
PROPOSED CHANGES: JUDICIAL APPOINTMENT PROCESSES
PROPOSED CHANGES: JUDICIAL APPOINTMENT PROCESSES
PROPOSED CHANGES: JUDICIAL APPOINTMENT PROCESSES
On February 27, 2020, Attorney General Doug Downey announced that he plans to change appointment processes for the JAAC and the JPAAC.
MEDIA, FOLA & JAAC/JPAAC AMENDMENTS
March 2, 2020 letter from FOLA to the Attorney General Doug Downey following a JAAC/JPAAC meeting at MAG. And here is a letter from The Advocates’ Society.
February 28, 2020 article in the Globe & Mail quoting FOLA Chair Michael Winward expressing concerns over the amendments.
The Attorney General first started discussing possible amendments to judicial appointments at FOLA's November Plenary. Below are some relevant documents and media clippings.
SPEECH BY HON. DOUG DOWNEY, ATTORNEY GENERAL
LETTER TO THE AG BY FOLA CHAIR MIKE WINWARD FOLLOWING THE TALK
PAST MEDIA COVERAGE
Globe & Mail, Toronto Star affiliate QP Briefing (an inside Queen’s Park daily), the Law Times, Lawyers Daily, and CBC Radio
SMARTER & STRONGER JUSTICE ACT
PROPOSED CHANGES: JUDICIAL APPOINTMENT PROCESSES
PROPOSED CHANGES: JUDICIAL APPOINTMENT PROCESSES
On December 9, 2019, Ontario's Attorney General, Doug Downey, introduced the Smarter and Stronger Justice Act 2019 - a Bill that proposes over 20 Statutory and Regulatory changes.
Bill 161 has been referred to the Standing Committee on Justice Policy for further scrutiny, including public hearings and clause-by-clause consideration.
The Standing Committee on Justice Policy has cancelled meetings for the time being due to COVID-19.
UPDATED SCHEDULE PENDING.
To register or to send a written submission, please visit the following link: https://www.ola.org/en/apply-committees
If you are interested in appearing before the Committee, please contact Christopher Tyrel, the Clerk of the Justice Policy Committee, at: comm-justicepolicy@ola.org
Read the TLA's submission regarding the Smarter and Stronger Justice
CIVIL JUSTICE REFORMS
PROPOSED CHANGES: JUDICIAL APPOINTMENT PROCESSES
LEGS & REGS EFFECTIVE JAN 1, 2020
On January 1, 2020, important civil justice reforms will come into effect. The reforms were introduced through:
- A regulation filed on October 23, 2019 to increase the Small Claims Court monetary jurisdiction (O. Reg 343-19 amending O. Reg. 626/00 pursuant to the Courts of Justice Act, s.53(1)).
- A regulation filed on October 23, 2019 to amend civil court rules relating to Simplified Procedure (O. Reg 344-19 amending the Rules of Civil Procedure pursuant to the Courts of Justice Act).
- Bill 100, the Protecting what Matters Most Act (Budget Measures) 2019, which passed on May 29, 2019 (amends s.108 of the Courts of Justice Act by eliminating civil jury trials in Simplified Procedure actions)
Please also note that a regulation filed on October 23, 2019 amends the Rules of the Small Claims Court court forms relating to garnishment proceedings (O. Reg 345-19).
LEGS & REGS EFFECTIVE JAN 1, 2020
AUDITOR GENERAL'S REPORT DEC 2019 - JUSTICE
LEGS & REGS EFFECTIVE JAN 1, 2020
Amendments to the Courts of Justice Act and its regulations will:
· Increase the maximum amount of a claim in Small Claims Court from $25,000 to $35,000.
· Increase the minimum amount of a claim that may be appealed to the Divisional Court from $2,500 to $3,500.
Expand access to the Simplified Procedure in civil court to simplify complex processes and reduce the legal costs associated with cases involving modest values.
· Beginning January 1, 2020, people and businesses with civil court claims up to $200,000 will be able to use the Simplified Procedure process, up from the previous claim amount of $100,000.
· Changes will make it easier, faster and more affordable to resolve issues by limiting trials to five days, requiring parties to agree on a trial management plan and removing the option of a civil jury trial unless a jury notice has previously been filed.
Improve efficiency in the Divisional Court by clarifying court document filing requirements.
· Limit factums (documents) on motions for leave to appeal to facts, issues, statements of law, and authorities that are relevant to a ground on which leave to appeal may be granted.
· Limit motion records to documents which are referred to in the party’s factum and which are relevant to a ground on which leave to appeal may be granted.
Amendments to a regulation under the Law Society Act relate to the Law Society Tribunal processes of the Hearing Division:
· For certain types of motions, eliminating the requirement for the same members who will hear the merits of the proceeding to also hear the motion.
· Allow a single member panel, rather than a three-member panel, to exclude the public and/or witnesses from all or part of a hearing.
RULES OF CIVIL PROCEDURE
AUDITOR GENERAL'S REPORT DEC 2019 - JUSTICE
AUDITOR GENERAL'S REPORT DEC 2019 - JUSTICE
On December 19, 2019 regulations were filed to amend the Rules of Civil Procedure: O. Reg. 455/19 and O. Reg. 456/19
The changes are summarized on the Ontario Regulatory Registry at:
Regulation 194 under the Courts of Justice Act (Rules of Civil Procedure) O.Reg 455/19
Amendments relating to materials filed in motions for leave to appeal to the Divisional Court pursuant to rule 62.02.
AND
Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure) O.Reg 456/19
Amendments relating to the electronic filing and electronic issuance of documents in civil actions in the Superior Court of Justice.
AUDITOR GENERAL'S REPORT DEC 2019 - JUSTICE
AUDITOR GENERAL'S REPORT DEC 2019 - JUSTICE
AUDITOR GENERAL'S REPORT DEC 2019 - JUSTICE
On December 4th, Ontario's Auditor General released a damning report highlighting the slow pace of modernization and how that is contributing to growing delays in Ontario courts and creating serious deficiencies in transparency.
Also problematic, was the fact that the Auditor General’s Office was blocked from fully examining the reasons for those delays.
The Auditor General examined three aspects of Ontario’s court system—Court Operations, the Criminal Court System, and Family Court Services and offered some welcome conclusions.
REMOTE DEFENCE ACCESS
CIVIL CLAIMS ONLINE FILING SERVICE
CIVIL CLAIMS ONLINE FILING SERVICE
Remote Defence Access is now available in:
- South West Detention Centre
- Monteith Correctional Complex
- Ottawa Carleton Detention Centre
- Toronto South Detention Centre
If you'd like to get started, contact the ministry's innovation office via the email below and you'll be provided with a legal agreement form to complete
CIVIL CLAIMS ONLINE FILING SERVICE
CIVIL CLAIMS ONLINE FILING SERVICE
CIVIL CLAIMS ONLINE FILING SERVICE
The Ministry of the Attorney General (MAG) has enhanced the civil claims online filing service (Ontario.ca/civilclaims) based on feedback from legal associations and users.
As of November 26, 2018, you can:
- preview uploaded documents prior to submission;
- search online transactions by the case name;
- save the confirmation screen page;
- record parties’ contact information more quickly by reducing the data entry required; and
- input six-digit phone extensions.