Federation of Ontario Law Associations

ministry of the attorney general of ontario

MAG UPDATES

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OPEN & RECENT SUBMISSIONS

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JUDICIAL VACANCIES - ONTARIO

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WHAT'S NEW!

LEGS & REGS EFFECTIVE JAN 1, 2020

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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.

AUDITOR GENERAL'S REPORT DEC 2019 - JUSTICE

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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.



NOTE ON FORT FRANCIS COURTROOM USAGE

While the Rainy River District Law Association Association welcomes the Auditor General’s report on court operations and correctional services, saying it is an important contribution to provincial efforts to make Ontario's justice system more efficient and fair, it issued a Press Release disputing the Auditor General’s findings regarding the under-utilization of the courtrooms in the Fort Frances Courthouse.



READ THEIR PRESS RELEASE


CONCLUSIONS

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Family Court Services 

1.  Based on the limited information made available to us, we found that effective and efficient court service processes are not in place for protecting children in accordance with legislated statutory timelines, but the extent of this issue is unknown.

2. Because the Ministry did not have accurate and complete information captured in its information system and the restriction placed in our access to individual child protection case files, we were unable to determine how many of the outstanding child protection cases were subject to the statutory timelines and/or the reasons why cases exceeded the timelines.

3. The Ministry did not have effective oversight of its contracts with the service providers in delivery of family mediation and other services across the province

READ SUMMARY


Criminal Court System

1. The Ministry of the Attorney General (Ministry) does not have effective systems and procedures in place to determine if its taxpayer funded resources are being used or allocated efficiently and in a cost-effective way to support the timely disposition of criminal cases.

2. The Ministry lacks the key data it needs to measure and publicly report on the results and effectiveness of the operations of mental health courts in Ontario.

3. Our Office experienced delays in receiving information and was not given full access to case files to determine why there are delays in the criminal court system.

READ SUMMARY


Court Operations

1. The overall pace of court system modernization remains slow and the system is still heavily paper-based, making it inefficient and, therefore, keeping it from realizing potential cost savings.

2. With the exception of a few courthouses that were experiencing over-capacity issues, many other courthouses that reported above average delays in disposition of cases were under-utilized in 2018/19.

3. We experienced a significant scope limitation by being denied access to information to address our audit objectives on administrative court scheduling, and experienced significant delays in receiving information, such as, for example, staffing statistics that took two months to obtain.

4. The Ministry should do more to manage the increasing number of sick days taken by Division staff and oversee the travel claims submitted by court interpreters.

READ SUMMARY

SMARTER & STRONGER JUSTICE ACT

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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.


The result of a series of consultations over the summer through the Modernization and Innovation review and through the Legal Aid Services Act Review, proposals include:

  • Amendments to the Notaries Act and the  Affidavits Act  (Paralegals can now act as Notaries and virtual Affidavits and signatures are would be allowed);
  • Changes to Legal Aid Ontario (to allow for more autonomy);
  • Maintain 2020-2012 funding for Legal Aid Ontario 2020-2021 funding will be maintained;
  • Juries Act ( jurists addresses will no longer be public); and more.  


READ THE ACT HERE


VIEW ANNOUNCEMENT HERE


RULES OF CIVIL PROCEDURE

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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.



CIVIL JUSTICE REFORMS

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On January 1, 2020, important civil justice reforms will come into effect. The reforms were introduced through: 

  1. 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)).
  2. 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).
  3. 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). 

OPEN & RECENT SUBMISSIONS

MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES

Lindsey Park, MPP and Parliamentary Assistant to the Attorney General, recently led review of Family and Civil Legislation, Regulations, and Processes.  The government’s review explored ways to simplify family and civil court processes, reduce costs and delays, and encourage earlier resolution of disputes.


 FOLA’s executive spent much of July 2019 attending various consultation sessions throughout the province and our Family Law Committee Chair, Valerie Brown, prepared our submission, sent to Ms. Park on July 30, 2019.  

COMMISSIONERS FOR TAKING AFFIDAVITS AND NOTARIES PUBLIC REFORM

In March, 2019. The Ministry requested written submissions on their consultation document .   


Following consultation with our membership, FOLA presented the Ministry with our submission on April 15, 2019.  You can read that submission in its entirety below.


POTENTIAL AMENDMENT TO THE JURIES ACT

In March, 2019, FOLA presented our formal submission to the Ministry on their proposed amendments to the Juries Act.  


In part, FOLA recommended that “No juror address information, but a party could bring a motion to access juror street address information if it is necessary to ensure trial fairness or is otherwise in the interests of justice.”  You can access our full submission below.

MAG Legislation

CHANGES TO FEE WAIVERS AND COURT FEES

Following an EY Canada line-by-line review of Government Expenditures, the Ontario Government identified opportunities to move toward full cost recovery for court and transactional services.

After a public and stakeholder consultation period, the new fees were introduced in April 2019.  


NEW GUIDE TO FEE SCHEDULE


BILL 88, PLANNING AMENDMENT ACT, 2019

On March 26, 2019, Doug Downey, MPP (Barrie—Springwater—Oro-Medonte) and then Parliamentary Assistant to the Minister of Finance (currently AG), filed his Private Member's Bill for first reading in the Legislature.  Bill 88 proposes several changes to the Planning Act, which FOLA is enthusiastically supporting.  


Bill 88, Planning Amendment Act, 2019


FOLA's endorsement letter

FOLA's endorsement letter of LawPro's support of this Bill


While the Bill died following Doug's appointment to AG, FOLA is hopeful that it will be reintroduced as a Government Bill in the near future.

INCREASING SMALL CLAIMS LIMIT


Beginning January 1, 2020, the maximum claim filed in Small Claims Court will increase to $35,000. Currently, all claims over $25,000 must proceed in the Superior Court of Justice — one of the busiest courts in Canada — where litigation can take years and can involve expensive legal representation. 


Read Press Release

REMOTE DEFENCE ACCESS

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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

modernization@ontario.ca

CIVIL CLAIMS ONLINE FILING SERVICE

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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.


ONTARIO BUDGET 2019 - JUSTICE

DOWNLOAD COPY OF BUDGET HERE

MINISTER'S SPEECH

HIGHLIGHTS


1. MODERNIZE AND STREAMLINE SERVICES IN THE JUSTICE SECTOR — FROM POLICING TO COURTS TO CORRECTIONS. 


The government aims to achieve this by:

a. Streamlining the delivery of legal aid (est. generated savings of over $164 million annually, starting in 2021–22);

b. Leveraging technology to generate administrative efficiencies of up to $9 million annually, starting in 2021–22, for a staff scheduling solution in correctional facilities, and up to $13 million, at maturity, by diverting low‐risk individuals from the correctional system and providing alternatives to incarceration;

c. Modernizing Ontario’s death investigation system with new technology to respond to emerging challenges, such as the opioid crisis (est. annual savings of about $3 million in 2021–22);

d. Generating back‐office efficiencies by amalgamating adjudicative tribunals, saving up to $5 million annually in 2021–22.

e. Digitizing evidence collection and evidence sharing between police services and Crown attorneys;

f. Prioritizing video conferencing as the first option for most types of in‐custody court appearances;

g. Diverting low‐risk individuals from coming into the justice system and reducing the frequency of offenders committing another crime;

h. Continuing with the implementation of the bail bed program to provide beds in community-based facilities for vulnerable people awaiting bail and lacking shelter in Northern communities;

i. Developing justice centres that will integrate justice, health, education, housing and social services to collectively address the complex intersection of risk factors that drive gun‐ and gang-related violence in Ontario; and

j. Modernizing youth justice services, including the closure of underutilized youth justice facilities and reduction of beds in both the open and secure custody detention system as there is a continued trend of lower need for these services (annual savings: $48 million by 2021–22).


2. Proposed legislation that (if passed) would aim to optimize resources, streamline unnecessary processes, and reduce unreasonable time delays by:

a. Allowing Ontario Court of Justice judges and justices of the peace who are appointed to different courts (e.g., the Ontario Superior Court of Justice) to finish cases in progress before they transition fully to their new appointments;

b. Moving to the use of a single, consolidated database to identify potential jurors; 

c. Reducing the use of civil juries for simplified procedure trials; and

d. Allowing the Ontario Judicial Council and Justices of the Peace Review Council to publish their annual reports on their websites after submitting them to the Attorney General.


3. Fraud: The government will work with the Financial Services Regulatory Authority of Ontario (FSRA), a new, independent financial regulator, to:

a. Overhaul the licensing system for health service providers to reduce regulatory burden and fraud, including lowering the treatment fees charged by providers; and

b. Reform the flawed medical assessment process to bring credibility and accountability to the assessments that injured claimants must undergo after an accident.

NB: “The government will also work with the Law Society of Ontario to make contingency fee

agreements more transparent for injured claimants who choose to hire a lawyer”. 


4. Mortgage Brokers and Lenders: Doug Downey (MPP & PA – FIN) was tasked with conducting a review of the Mortgage Brokerages, Lenders and Administrators Act, 2006. MPP Downey will provide recommendations to the government in the coming months.


OTHER HIGHLIGHTS

1. E-TRANSACTIONS: Adopting a digital first strategy to make more services available online and easier to use, moving away from in-person and paper-based transactions, helping to reduce costs.

2. AUTO INSURANCE: Making it easier to buy auto insurance, including giving drivers more choice when deciding which auto insurance coverage suits their needs and gives them more control over their rates.  Adopting a “care, not cash” default clause to ensure that a driver’s auto insurance coverage will pay for treatment (“instead of costly legal fees”). It will also provide for an improved early treatment system, and a return to the default benefit limit of up to $2 million for those who are catastrophically injured in an accident. Makes note of upcoming reforms to the medical assessments process.

3. ESTATE TAXES:  Proposing to provide tax relief for families when they need it most. The death of a loved one is a difficult time for families. Effective January 1, 2020, the Estate Administration Tax would be eliminated for taxable estates with assets of $50,000 or less, and would be reduced by $250 for larger taxable estates.

4. RED TAPE: Cutting red tape by 25 per cent by 2020. Once fully implemented, these changes are expected to provide Ontario businesses with over $400 million in ongoing savings on their compliance costs. Red tape reduction legislation will be introduced each fall and spring

throughout this gov’ts mandate

JUDICIAL VACANCIES

ONTARIO COURT OF JUSTICE - CHATHAM & WINDSOR

The Judicial Appointments Advisory Committee advises the Attorney General of Ontario on the appointment of Judges to the Ontario Court of Justice, and invites applications for judicial positions in the following locations:

CHATHAM  (1)  –  50% criminal / 50% family

WINDSOR  (1)  –  criminal


These appointments also involve travel within the regional boundaries and elsewhere in the province of Ontario, as assigned by the Regional Senior Justice and/or the Chief Justice.


The minimum requirement to apply to be a Judge in the Ontario Court of Justice is ten years completed membership as a barrister and solicitor at the Bar of one of the Provinces or Territories of Canada.

All candidates must apply either by submitting 14 copies of the current (July 2017)completed Judicial Candidate Information Form in the first instance or by a short letter (14 copies) if the form has been submitted within the previous 12 months. Should you wish to change any information in your application, you must send in 14 copies of a fully revised Judicial Candidate Information Form.


If you wish to apply and need a current Judicial Candidate Information Form, or if you would like further information, please contact:

Judicial Appointments Advisory Committee

Tel: (416) 326-4060   Fax: (416) 212-7316

Website: www.ontariocourts.ca/ocj/jaac/


All applications, either sent by courier or mail (NO HAND DELIVERY), must be sent to:

Judicial Appointments Advisory Committee

c/o Ministry of Government and Consumer Services Mail Delivery

77 Wellesley Street West, Room M2B-88

Macdonald Block, Queen’s Park

Toronto, Ontario, M7A 1N3


Applications must be on the current prescribed form and must be TYPEWRITTEN or COMPUTER GENERATED and RECEIVED BY 4:30 p.m. on Friday, January 31, 2020.  CANDIDATES ARE REQUIRED TO PROVIDE 14 COPIES OF THEIR APPLICATION FORM OR LETTER*.   A Fax copy will be accepted only if 14 copies of the application or letter are sent concurrently by overnight courier.  Applications received after this date WILL NOT be considered.


*NOTE:  Candidates MUST provide 14 copies of their application form or letter for EACH vacancy LOCATION for which they wish to be considered.


The Judiciary of the Ontario Court of Justice should reflect the diversity of the population it serves. Applications from members of equality-seeking groups are encouraged.

THREE JUDICIAL VACANCIES ONTARIO COURT OF JUSTICE TORONTO

The Judicial Appointments Advisory Committee advises the Attorney General of Ontario on the appointment of Judges to the Ontario Court of Justice, and invites applications for three judicial positions in Toronto.


These appointments involve presiding over criminal law matters and also involve travel within the regional boundaries and elsewhere in the province of Ontario, as assigned by the Regional Senior Justice and/or the Chief Justice.


The minimum requirement to apply to be a Judge in the Ontario Court of Justice is ten years completed membership as a barrister and solicitor at the Bar of one of the Provinces or Territories of Canada.

All candidates must apply either by submitting 14 copies of the current (July 2017) completed Judicial Candidate Information Form in the first instance or by a short letter (14 copies) if the form has been submitted within the previous 12 months.  Should you wish to change any information in your application, you must send in 14 copies of a fully revised Judicial Candidate Information Form.


If you wish to apply and need a current Judicial Candidate Information Form, or if you would like further information, please contact:

Judicial Appointments Advisory Committee

Tel: (416) 326-4060   Fax: (416) 212-7316

Website: www.ontariocourts.ca/ocj/jaac/


All applications, either sent by courier or mail (NO HAND DELIVERY), must be sent to:

Judicial Appointments Advisory Committee

c/o Ministry of Government and Consumer Services Mail Delivery

77 Wellesley Street West, Room M2B-88

Macdonald Block, Queen’s Park

Toronto, Ontario, M7A 1N3 


Applications must be on the current prescribed form and must be TYPEWRITTEN or COMPUTER GENERATED and RECEIVED BY 4:30 p.m. on Friday, February 14, 2020.  CANDIDATES ARE REQUIRED TO PROVIDE 14 COPIES OF THEIR APPLICATION FORM OR LETTER.  A Fax copy will be accepted only if 14 copies of the application or letter are sent concurrently by overnight courier.  Applications received after this date WILL NOT be considered.


The Judiciary of the Ontario Court of Justice should reflect the diversity of the population it serves.  Applications from members of equality-seeking groups are encouraged.