COVID-19 & THE PRACTICE OF LAW

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WONDERING WHAT TO EXPECT WHEN VISITING A COURTHOUSE? 

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Check out this video;

read this:

MAG GUIDEBOOK-PRECAUTIONARY MEASURES FOR REOPENING COURTS;

and this:  

Addendum to Guidebook

JUMP TO INFO ON JURY TRIALS

SCJ Notice (June 25, 2020)

In the above Notice, Chief Justice Geoffrey B. Morawetz advised the profession, litigants, accused, the media and the public of the steps that are expected to be completed to permit some in-court hearings to resume at certain court locations, effective July 6, 2020. 

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

CURRENT WEEKLY UPDATE: OCT 21

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.  

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FOR OTHER MAG LEGISLATION, CLICK HERE

 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

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? 

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

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.  

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).

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.

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

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). 

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.

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.

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

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

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.

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