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Federation of Ontario Law Associations
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COVID-19 & THE PRACTICE OF LAW

REOPENING PLANS - ONTARIO'S COURTS

REOPENING PLANS - ONTARIO'S COURTS

REOPENING PLANS - ONTARIO'S COURTS

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WONDERING WHAT TO EXPECT WHEN VISITING A COURTHOUSE? 


Get pre-screened here (requirement)


MAG GUIDEBOOK-PRECAUTIONARY MEASURES FOR REOPENING COURTS;

The Guidebook (version 5) is available on Ontario.ca, in both English and French

Addendum to Guidebook

VIDEO

(the Guidebook is a living document and may continue to be updated over time)


JUMP TO INFO ON JURY TRIALS


CASELINES

 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


On June 19, 2020, Ontario's Recovery Secretariat hosted a virtual town halls on COVID-19 safety and the reopening of Ontario's Courts. 

The town hall offered an overview of MAG's phased, gradual and responsive plan for court recovery, which aligns with the Framework for Reopening Our Province.


Here are materials from the town hall and information session:

  • Town hall presentation
  • COVID-19 safety seminar presentations from Dr. Michelle Murti
  • COVID-19 safety seminar presentations from Ron Kelusky
  • Overview of the Public Services Health and Safety Association’s role in court recovery

MORE COVID-19 UPDATES FOR LAWYERS

REOPENING PLANS - ONTARIO'S COURTS

REOPENING PLANS - ONTARIO'S COURTS

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CURRENT WEEKLY UPDATE: JAN 20, 2021

PAST WEEKLY UPDATES


CLICK HERE FOR ALL COURT NOTICES


RESOURCES FOR YOUR PRACTICE

INFORMATION FOR REAL ESTATE LAWYERS

INFORMATION ABOUT LEGAL AID

CRIMINAL LAW UPDATES

FAMILY LAW UPDATES

RETURN TO WORK PLAYBOOK


LSO COVID-19 RESPONSE NOTICES

LSO FAMILY LAW REFERRAL LINE

Read  the  CEO's Report to Convocation (April)


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.


NOTICE TO LIBRARIES


NEW TO THE WORLD OF ONLINE MEETINGS?  WATCH THIS SHORT VIDEO!

IMPROVE YOUR VIRTUAL MEETING SKILLS IN 4 EASY STEPS!

  

VISIT OUR SPECIAL COVID-19 PRACTICE RESOURCE SECTION!

Contains a selection of online tools and resources to help get you through this epidemic.  

 

TO JUMP TO OUR REGULAR MAG INFORMATION, CLICK HERE

TO JUMP TO FOLA SUBMISSIONS, CLICK HERE

TO JUMP TO JUDICIAL VACANCIES, CLICK HERE

ONTARIO GOVERNMENT & MAG UPDATES

REOPENING PLANS - ONTARIO'S COURTS

ONTARIO GOVERNMENT & MAG UPDATES

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TO JUMP TO OUR REGULAR MAG INFORMATION, CLICK HERE

TO JUMP TO ALL COURT NOTICES RE: COVID-19, CLICK HERE

TO JUMP TO FOLA SUBMISSIONS, CLICK HERE

TO JUMP TO JUDICIAL VACANCIES, CLICK HERE

FOR OTHER MAG LEGISLATION, CLICK HERE


  On December 8, 2020, Court Services filed a regulation to amend the Rules of Civil Procedure, O. Reg. 711-20. The regulation makes administrative amendments to align the Rules of Civil Procedure with legislative amendments that were introduced to remove the office of a traditional master. The amendments were made to the Courts of Justice Act through the Smarter and Stronger Justice Act, 2020, Schedule 5. The rule amendments and legislative amendments come into force on January 8, 2021.  In addition, the regulation makes administrative amendments relating to the new rule for the CaseLines document sharing platform by clarifying the requirements for the naming of a document which is to be submitted (amends rule 4.05.3(6)2). These amendments come into force on January 1, 2021. A summary of the regulation is available on Ontario’s Regulatory Registry at: 20-MAG013.


The Rules of Civil Procedure have been amended to establish new electronic processes in civil court proceedings (Nov 30).  


The Ontario government, in collaboration with the Ontario Court of Justice and policing partners, is launching a new eIntake digital platform that will accelerate and simplify the way criminal charges are filed and managed (Nov 6). 


 NOTE: Limitation and procedural time periods have resumed running. 

On Oct 6, MAG issued some new documents about applications regarding the resumption of Limitation Periods and are seeking a declaration that the suspension period (i.e. March 16-September 14) shall not be counted towards any applicable limitation period. These include: The Order of Justice Myers (October 6, 2020); a Factum of the AG; and the Application Record for the AG.


AG's Counsel's letter re: Resumption of Limitation Periods - Sept 30 2020

AG's Notice: Resumption of Limitation Periods - Sept 30 2020

See the AG's letter to FOLA

See Order 457/20

See Order 458/20


 NEW!!  Online tool for searching information about criminal and civil matters in the SCJ

*you will need a ONe-Key account


 CASELINES WEBINAR RECORDING 


Re-Opening Ontario – A Flexible Response to COVID-19 Act, 2020

There are three emergency orders made by the Ministry of the Attorney General that should be brought to your attention to: O. Reg. 73/20 – Limitation Periods; O. Reg. 76/20 – Electronic Service; and O. Reg. 129/20 – Signatures in Wills and Powers of Attorney.

Read more about this Act in a letter from the AG


ONTARIO GUIDELINES FOR EMPLOYERS & WORKPLACES SAFETY - April 30

FULL LIST OF ESSENTIAL SERVICES

COVID-19 MODELLING REPORT * April 3 *

SPRING 2020 ECONOMIC & FISCAL UPDATE


On May 8th, the Attorney General issued a Press Release stating that Ontario will not proceed with the Halton Region Consolidated Courthouse construction project.   You can read the announcement here.

Letter to the AG from the Halton Law Association requesting that the government reconsider their decision.


WILLS & POWERS OF ATTORNEY

On April 7, 2020, the LG 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.  READ MORE


 LEGAL COUNSEL 3-WAY CALL DETECT ACCEPTANCE  (UPDATE - April 10)

Ontario Statement on Correctional Facilities - COVID-19 - MARCH 13 


SERVING DOCUMENTS - 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 re: Expansion of Civil Claims Online service

PRE-COVID MAG SECTION

PAST FOLA COVID-19 UPDATES

JANUARY 20

JANUARY 13

JANUARY 6

YEAR IN REVIEW


2020

DECEMBER 17 - SPECIAL SCJ UPDATE

DECEMBER 16

DECEMBER 9

DECEMBER 2

NOVEMBER 25

NOVEMBER 18

NOVEMBER 4

OCTOBER 28

OCTOBER 21

OCTOBER 14

OCTOBER 7

SEPTEMBER 30

SEPTEMBER 23

SEPTEMBER 16

SEPTEMBER 9

SEPTEMBER 2

AUGUST 26

AUGUST 19

AUGUST 12

AUGUST 5

JULY 29

JULY 22

JULY 15

JULY 8

JUNE 24

JUNE 17

JUNE 10

JUNE 3

MAY 27

MAY 20 

MAY 13

MAY 6

APRIL 29

APRIL 22

April 15

April 8

April 1

March 23-27

March 17-20

MINISTRY OF THE ATTORNEY GENERAL

PROPOSED AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES

PROPOSED AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES

PROPOSED AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES

Ontario's Attorney General is considering making amendments to the Courts of Justice Act regarding the availability of civil juries.


Read FOLA's Submission here

Simcoe County Law Association's Submission

Middlesex Law Association's Submission

Toronto Lawyers' Association

Carleton County Law Association's Submission

* Accompanying docs for CCLA submission

Report on the Use of Jury Trials in Civil Cases

Report to the Canadian Judicial Council on Jury Selection in Ontario

The Advocates' Society's Submission

Canadian Defence Lawyers Submission

Ontario Trial Lawyers Assn. Submission


BACKGROUND

Currently, section 108 of the Courts of Justice Act permits a jury of six persons to assess damages and/or decide issues of fact in civil actions, except where prohibited by statute. Certain other statutes provide a judge with authority to direct that an action be brought, or an issue be tried, with a jury in a trial under the act, or set out the responsibilities of the jury where a jury trial is held under the act. (See Appendix A for further details.) 


The AG is considering an amendment to the Courts of Justice Act to eliminate some or all civil jury trials. To that end, Minster Downey is seeking your views on the following related questions: 


1. Should civil juries be eliminated altogether? or 

2. If civil jury trials were to be eliminated, are there certain action types that should be exempt? 



READ LETTER TO STAKEHOLDERS

COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020

PROPOSED AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES

PROPOSED AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES

In summary, the legislative amendments made to the above two acts now make it possible for the: commissioning of a document to be remote and virtual; and notarization of a document to be remote, virtual, and notarized by a paralegal. These changes echo a similar directive issued by the Law Society of Ontario in March and are permanent as of May 12th, 2020. 

 

Notaries Public and Commissioners for Taking Affidavits - MAG Consultation

READ FOLA'S SUBMISSION HERE (JUNE 2020)

CCLA SUBMISSION (JUNE 2020)


OTHER ACTS AFFECTED 

Schedule 1

Alternative Filing Methods for Business Act, 2020

Schedule 2

Business Corporations Act

Schedule 3

Business Names Act

Schedule 4

Commissioners for Taking Affidavits Act

Schedule 5

Condominium Act, 1998

Schedule 6

Co-operative Corporations Act

Schedule 7

Corporations Act

Schedule 8

Corporations Information Act

Schedule 9

Education Act

Schedule 10

Extra-Provincial Corporations Act

Schedule 11

Limited Partnerships Act

Schedule 12

Métis Nation of Ontario Secretariat Act, 2015

Schedule 13

Notaries Act

Schedule 14

Not-for-Profit Corporations Act, 2010

Schedule 15

Succession Law Reform Act

READ THE ACT

MOVING ONTARIO FAMILY LAW FORWARD ACT

PROPOSED AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES

THE COVID-19 ECONOMIC RECOVERY ACT 2020

On September 24, 2020, the Attorney General introduced Bill 207, the Moving Ontario Family Law Forward Act, 2020.


If passed, the bill aims to relieve stress, strain, and burden for Ontarians by providing more clarity for families involved in family law matters. These changes will allow parents and guardians to spend less time on paperwork and court appearances and more time caring for their children and focused on their future.


The legislative changes would:  

•  allow parents and caregivers to request certified copies of child support notices made by the online child support service, so child support amounts can be more easily and affordably managed or enforced outside the province; 

•  make the family law appeals process clearer and easier to navigate; and

• align Ontario’s family laws with federal changes, so they are clearer and more streamlined. 


In addition to these legislative amendments, the Ministry of the Attorney General is removing the requirement for family law arbitrators to file family arbitration award reports with the ministry, saving time and money and aligning Ontario with every other province. 


MAG is also working with the courts to expand the Dispute Resolution Officer program to Kitchener and Welland.  

READ THE LEGISLATION

THE COVID-19 ECONOMIC RECOVERY ACT 2020

THE COVID-19 ECONOMIC RECOVERY ACT 2020

THE COVID-19 ECONOMIC RECOVERY ACT 2020

Bill 197 – The COVID-19 Economic Recovery Act, 2020. 

Among a raft of other things, the PC’s new 176-page omnibus Bill 197: 

  • Overhauls how justices of the peace are appointed, such as allowing the AG to reject candidates vetted and suggested by an advisory committee and requiring a new short list (Schedule 8);
  • Gives the municipal affairs minister of the day "enhanced" zoning order-making powers under the Planning Act and regulation-making authority under the Building Code Act (Schedule 17);
  • Establishes the “Provincial Land and Development Facilitator” who will advise the municipal affairs minister on land use and growth, and make recommendations (Schedule 10);
  • Changes to the Marriage Act (Schedule 9); and
  • Changes to the provincial Offenses Act (Schedule 18);  


 SMARTER & STRONGER JUSTICE ACT 

On July 8, 2020, Bill 161, the Smarter and Stronger Justice Act 2019  received Royal Assent.  - a Bill that proposes over 20 Statutory and Regulatory changes.


Read the TLA's submission regarding the Smarter and Stronger Justice 


FOLA had concerns with the changes to the Notaries Act and to the Commissioners for Taking Affidavits Act but due to COVID-19 and the passing of Bill 190, these concerns were expressed in meetings with MAG in relation to that Act (which superseded Bill 161 with respect to Notaries and Commissioning).

PRESS RELEASE

CLASS PROCEEDINGS ACT AMENDMENTS

THE COVID-19 ECONOMIC RECOVERY ACT 2020

CLASS PROCEEDINGS ACT AMENDMENTS

On October 1st, the following amendments will come into effect (having been passed as part of the Smarter and Stronger Justice Act, 2020, which received Royal Assent on July 8, 2020. 


The amendments to the CPA will, subject to specified exceptions, only apply to class proceedings commenced on or after October 1, 2020.


The CPA, as amended, can be accessed at the following link: https://www.ontario.ca/laws/statute/92c06


Regulations and Regulatory Amendments

The following new regulations and regulatory amendments have been made to support the amendments to the CPA:

  • A new General regulation under the CPA, which includes:
    • Details regarding the registration of proceedings commenced under the CPA; and
    • Technical rules related to the timing of the commencement of a proposed class proceeding that includes a claim under s. 138.3 of the Securities Act (Liability for secondary market disclosure);
  • A new Subrogated Claims regulation under the CPA, containing details necessary to implement s.27.3 of the CPA, as amended;
  • Consequential amendments to O. Reg. 771/92 (Class Proceedings) under the Law Society Act; and 
  • Minor amendments to R.R.O. 1990, Reg. 194 (Rules of Civil Procedure) under the Courts of Justice Act.

JUDICIAL APPOINTMENT PROCESSES

THE COVID-19 ECONOMIC RECOVERY ACT 2020

CLASS PROCEEDINGS ACT AMENDMENTS

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

LEARN MORE

CIVIL JUSTICE REFORMS

LEGS & REGS EFFECTIVE JAN 1, 2020

LEGS & REGS EFFECTIVE JAN 1, 2020

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). 

CSD COURT FORMS WEBSITE

LEGS & REGS EFFECTIVE JAN 1, 2020

LEGS & REGS EFFECTIVE JAN 1, 2020

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

LEGS & REGS EFFECTIVE JAN 1, 2020

RULES OF CIVIL PROCEDURE

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.



OPEN & RECENT SUBMISSIONS

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

In late August, 2020, the Attorney General wrote to FOLA seeking our input and perspective on legislative potential changes to the mandatory mediation program and a single-judge model (building on the current One Judge Pilot Program) in the SCJ.


You can read the AG's letter (which outlines the possible changes) to FOL A here.


FOLA's Submission

The Toronto Lawyers Association's Submission


READ OUR SUBMISSION

AMENDMENTS TO THE ESTATE ACT - CALL FOR COMMENTS

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

Ontario’s “Smarter and Stronger Justice Act, 2020” received Royal Assent on July 8, 2020. This Act includes amendments to the Estates Act. You can view the Act (along with explanatory notes) here.

The amendments to the Estates Act include the authority to establish a regulation to prescribe a small estates value. The amendments pertaining to small estates will come in to force on proclamation at a later date. This approach was taken to allow the Civil Rules Committee an opportunity to review the changes and consider any amendments to the Rules of Civil Procedure and forms that may be required and, to allow for consultation with the estates bar on the value of small estates.


In August 2020, the Attorney General invited FOLA to provide written input on the appropriate defined value of “small estate” to be set out in regulation.


You can read our submission here.

And the TLA's submission here.

READ OUR SUBMISSION

COMMISSIONERS FOR TAKING AFFIDAVITS AND NOTARIES PUBLIC REFORM

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

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

On August 1st, 2020, a new regulation was made under the Commissioners for Taking Affidavits Act to set out the framework for commissioners who wish to exercise their powers without being in the physical presence of the deponent or declarant. That regulation is available here. 


BACKGROUND

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.


FOLA also made a submission to MAG on June 12, 2020, which you can read here.


READ OUR SUBMISSION

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

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

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.  

READ OUR SUBMISSION

POTENTIAL AMENDMENT TO THE JURIES ACT

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

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.

READ OUR SUBMISSION

LIBEL AND SLANDER ACT

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

POTENTIAL AMENDMENT TO THE JURIES ACT

In Ontario, the law of defamation is a complex mix of common law rules and statutory provisions. Ontario’s Libel and Slander Act has not been updated to reflect the technological changes of the 21st century, and as a result, the law of defamation in Ontario may not address or reflect the complexities and challenges that technological advances have presented. 


The Law Commission of Ontario (LCO) has recently released its final report entitled Defamation Law in the Internet Age, which you can find online here. MAG sought input on recommendations from the LCO’s report over the summer of 2020. 

READ OUR SUBMISSION

MAG Legislation

SOLICITORS ACT AMENDMENTS

CHANGES TO FEE WAIVERS AND COURT FEES

CHANGES TO FEE WAIVERS AND COURT FEES

Amendments to the Solicitors Act in regards to contingency fees have been approved to come into force on July 1, 2021.  


 Order In Council regarding the Solicitors Act 


In addition, there is a new regulation on contingency fees, which you can find on elaws


The standard form agreement can be found on the Law Society website.

English: https://lso.ca/about-lso/initiatives/contingency-fee-reform

French: https://lso.ca/a-propos-du-barreau/initiatives/reforme-des-honoraires-conditionnels

CHANGES TO FEE WAIVERS AND COURT FEES

CHANGES TO FEE WAIVERS AND COURT FEES

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

BILL 88, PLANNING AMENDMENT ACT, 2019

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

BILL 88, PLANNING AMENDMENT ACT, 2019

BILL 88, PLANNING AMENDMENT ACT, 2019


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

CIVIL CLAIMS ONLINE FILING SERVICE

CIVIL CLAIMS ONLINE FILING SERVICE

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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

CIVIL CLAIMS ONLINE FILING SERVICE

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.


FILE A CLAIM

ONTARIO's AUDITOR GENERAL'S REPORT - 2019

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.

JUDICIAL VACANCIES

NO CURRENT POSTINGS

Downloads

List of Proposed Fee Amounts - Consultation Draft - Jan 2019 (pdf)Download
TLA Submission re Court Fee Changes 2019 (pdf)Download
Remarks from Representatives of the Bar at mtg w AG and CJO - Jan 31 2019 (pdf)Download
Planning Amendment Act 2019 Private Mbrs Bill FOLA Endorsement (pdf)Download
Commissioners and Notaries_Consultation Deck (pdf)Download
2019 Budget Highlights (pdf)Download
2019 Budget Speech (pdf)Download
2019 Budget Papers (pdf)Download
CCLA Response to Ontario Legal Aid Budget Cuts - 2019 (pdf)Download
FOLA Endorsement - Planning Act changes (pdf)Download
Provincial Budget -LSO News Release - April 11 2019 (pdf)Download
FOLA Response - Juries - 2019 (pdf)Download
Commissioners and Notaries - FOLA Submission - April 2019 (pdf)Download
FOLA MAG Family Law Reform Submission July 31 2019 FINAL (pdf)Download
TLA Family Law Reform Submission Jun 21 2019 (pdf)Download

Downloads

Planning Amendment Act 2019 Private Mbrs Bill FOLA Endorsement (pdf)Download
FOLA Endorsement of LawPro support for Planning Act changes - 2019 (pdf)Download
MAG - Court Opperations - 2019 - summary (pdf)Download
MAG - Court Opperations - 2019 (pdf)Download
MAG - Criminal Court Systems - 2019 - summary (pdf)Download
MAG - Criminal Court Systems - 2019 (pdf)Download
MAG - Family Court Systems - 2019 - summary (pdf)Download
MAG - Family Court Systems - 2019 (pdf)Download
RRDLA Statement on AG Report Dec 2019 (pdf)Download
Smarter and Stronger Justice Act 2019 - Dec 9 (pdf)Download
FOLA -Judicial Appointments letter March 2 2020 (pdf)Download
Judicial Appointment Process Concerns to AG- CCLA (pdf)Download
The Advocates Society Letter to AG re Appointments (pdf)Download
TLA Submissions re Smarter and Stronger Justice Act (pdf)Download
MAG Consultation re Civil Juries - June 2020 (pdf)Download

COVID-19 DOWNLOADS

self-isolation-eng (pdf)Download
eng-handwashing (pdf)Download
Notice to Profession Public Media - Suspension SCJ Operations - CIVIL FAMILY - Mar 15 20 (pdf)Download
OCJ Scheduling Notice - COVID19 (pdf)Download
REAL ESTATE TRANSACTIONS AND COVID (pdf)Download
EMCPA Order eng fr (pdf)Download
Weekly Update 1 - March 17-20- COVID-19 (pdf)Download
CSD Notice -March 23 (pdf)Download
Chart of Remote Appearances (pdf)Download
Notice RE Civil Claims Online service March 23 2020 (pdf)Download
CJ Morawetz notice to the profession re virtual court expansion March 27 2020 (pdf)Download
MESSAGE FROM THE ONTARIO TRIAL LAWYERS ASSOCIATION (pdf)Download
Notice to Court Users re OCJ Proceedings during COVID-19 (pdf)Download
OCJ Trial Coordinator Offices Contact Information (pdf)Download
Public Notice for Email Filing - March 28 2020 (pdf)Download

DOWNLOADS

Weekly Update 2 - March 23-27- COVID-19 (pdf)Download
Weekly Update 3 - April 1 2020 - COVID-19 (pdf)Download
Provincial Notice - Civil Family - Expanded SCJ Operations - April 2 20 (pdf)Download
Provincial Notice - Criminal - Expanded SCJ Operations - April 2 20 (pdf)Download
MEMO - JUSTICE STAKEHOLDERS - SCJ EXPANSION - COVID19 - APR0220 (pdf)Download
Covid-19-Modelling April 3 (pdf)Download
Weekly Update 4 - April 8 2020 - COVID-19 (pdf)Download
Weekly Update 5 - April 15 2020 - COVID-19 (pdf)Download
Weekly Update 6 - April 22 2020 - COVID-19 (pdf)Download
convocation-april-2020-ceo-report (pdf)Download
Weekly Update 7 - April 29 2020 - COVID-19 (pdf)Download
CSD Notice re Small Claims Court counter service suspension and urgent hearings-May 4 20 (pdf)Download
Weekly Update 8 - May 6 2020 - COVID-19 (pdf)Download
Family Scheduling Notice - May 7 2020 (pdf)Download
Weekly Update 9 - May 13 2020 - COVID-19 (pdf)Download

Downloads

MEMO - JUSTICE STAKEHOLDERS - SCJ EXPANSION UPDATE - COVID19 - MAY 13 20 (pdf)Download
letter to ag-kjk 051120 (pdf)Download
Weekly Update 10 - May 20 2020 - COVID-19 (pdf)Download
Weekly Update 11 - May 27 2020 - COVID-19 (pdf)Download
Weekly Update 12 - June 3 2020 - COVID-19 (pdf)Download
MAG Consultation re Civil Juries - June 2020 - Appendix A (pdf)Download
Weekly Update 13 - June 10 2020 - COVID-19 (pdf)Download
FOLA Submission - Civil Juries Reform - June 2020 (pdf)Download
CCLA Report on the Use of Jury Trials to the AGO_Ref_No_M-2020-6430 (pdf)Download
WRLA Civil Jury Trials responses - June 2020 (pdf)Download
SCLA Board of Directors - Response to AG re Civil Juries (pdf)Download
Report on the Use of Jury Trials in Civil Cases Ontario Law Reform Commission (pdf)Download
Report to the Canadian Judicial Counsel on Jury Selection in Ontario (pdf)Download
MLA Letter to AG with Submissions re Jury Amendments (pdf)Download
Weekly Update 16 - July 8 2020 - COVID-19 (pdf)Download

Downloads

Re-Opening Ontario – A Flexible Response to COVID-19 Act, 2020 (pdf)Download
Weekly Update 17 - July 15 2020 - COVID-19 (pdf)Download
Weekly Update 18 - July 22 2020 - COVID-19 (pdf)Download
Defamation Law in the Internet Age - FOLA Submission - 28 July 2020 (pdf)Download
Weekly Update 20 - Aug 5 2020 - COVID-19 (pdf)Download
Weekly Update 21 - Aug 12 2020 - COVID-19 (pdf)Download
Weekly Update 22 - Aug 19 2020 - COVID-19 (pdf)Download
457-20 Revocation (pdf)Download
458-20 Extension (pdf)Download
M-2020-9719_Robinette (pdf)Download
Weekly Update 23 - Aug 26 2020 - COVID-19 (pdf)Download
Estates Law Submissions - FOLA - Aug 2020 (pdf)Download
TLA submission on Estates Law-final (pdf)Download
Weekly Update 24 - Sept 2 2020 - COVID-19 (pdf)Download
Ontario Court of Justice First Appearance Court Waiver - September 2 2020 (pdf)Download

Downloads

Weekly Update 25 - Sept 9 2020 - COVID-19 (pdf)Download
M-2020-10192 - Robinette - AG letter (pdf)Download
MAG Consultation re Mandatory Mediation and One Judge Model - TLA (pdf)Download
mag-covid-19-recommended-precautionary-measures (pdf)Download
FOLA Submission Mandatory Mediation One-Judge Submission (pdf)Download
Weekly Update 26 - Sept 16 2020 - COVID-19 (pdf)Download
Weekly Update 27 - Sept 23 2020 - COVID-19 (pdf)Download
Weekly Update 28 - Sept 30 2020 - COVID-19 (pdf)Download
Letter - Suspension of Limitation Periods - Sept 30 2020 (pdf)Download
Notice of Application - Resumption of Limitation Periods (pdf)Download
OC-1359-2020 (002) (pdf)Download
Order of Justice Myers - October 6 2020 (pdf)Download
Factum of the Attorney General for Ontario (pdf)Download
Application Record of the Attorney General for Ontario (pdf)Download
Weekly Update 29 - Oct 7 2020 - COVID-19 (pdf)Download

Downloads

Weekly Update 30 - Oct 14 2020 - COVID-19 (pdf)Download
Weekly Update 31 - Oct 21 2020 - COVID-19 (pdf)Download
Weekly Update 32 - Oct 28 2020 - COVID-19 (pdf)Download
Weekly Update 33 - November 4 2020 - COVID-19 (pdf)Download
Weekly Update 34 - Nov 18 2020 - COVID-19 (pdf)Download
Weekly Update 35 - Nov 25 2020 - COVID-19 (pdf)Download
Weekly Update 36 - Dec 2 2020 - COVID-19 (pdf)Download
Weekly Update 37 - Dec 9 2020 - COVID-19 (pdf)Download
Weekly Update 38 - Dec 16 2020 - COVID-19 (pdf)Download
Weekly Update 38.2 - Dec 17 2020 - COVID-19 (pdf)Download
COVID-19 SPECIAL UPDATE (pdf)Download
Weekly Update 39 - Jan 6 2021 (pdf)Download
FOLA 2020 Year in Review (pdf)Download
Weekly Update 40 - Jan 13 2021 (pdf)Download
Weekly Update 41 - Jan 20 2021 (pdf)Download

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