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Practice Direction for s. 11(b) Applications in the Toronto Region

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1.    Timing

  • All applications for a Stay of Proceedings pursuant to s. 11(b) are to be heard at least 60 days prior to the trial date.
  • The Notice of Application is to be filed at least 30 days prior to the date for hearing of the application.
  • The Notice of Response is to be filed at least 15 days prior to the date for hearing the Application.

2.    Materials to Be Filed

a.    Application. The Application shall be in Form 1 and shall include:

  1. A brief statement of the legal argument upon which the application is based;
  2. A chart or other breakdown of the relevant time periods with an apportionment of each to inherent time requirements, other neutral periods, Crown delay, defence delay/waiver and institutional delay;
  3. Any affidavits upon which counsel will rely;
  4. Transcripts of all court appearances on the matter (excluding those related to bail unless relevant to delay);
  5. Any cases upon which counsel wish to rely in submissions; and
  6. Any other relevant materials upon which the party will be relying.

b. Response.  The Response shall be in Form 2 and shall include:

  1. A brief statement of the legal argument upon which the response is based;
  2. A chart or other breakdown of the relevant time periods with an apportionment of each to inherent time requirements, other neutral periods, Crown delay, defence delay/waiver and institutional delay;
  3. Any cases upon which counsel wish to rely in submissions; and
  4. Any other relevant materials upon which the party will be relying.

3.    Manner of Scheduling Hearing Date

  • The hearing date for the motion is to be scheduled, in consultation with the assigned Crown where there is one, with the Trial Coordinator at each courthouse, who will ensure that it is set for hearing before the assigned trial judge.
  • In order to schedule an appropriate length of time for the Application, counsel should advise whether viva voce evidence will be called, or whether cross-examination on affidavits is anticipated.

4.    Manner of Hearing

The assigned trial judge will hear the Application for a Stay of Proceedings and may, at his or her discretion, limit the time for oral submissions.  Counsel are expected to have made their submissions, short of those on the viva voce evidence, through their written materials.

This practice direction will come into effect on the 1st day of February 2013.

Annemarie E. Bonkalo
Chief Justice
Ontario Court of Justice

Faith Finnestad
Regional Senior Justice – Toronto Region
Ontario Court of Justice

Signed in Toronto, Ontario, on the 11th day of January 2013.