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Practice Direction for Provincial Offences Act Appeals in the Ontario Court of Justice in York Region

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In order to efficiently manage the use of court time and to assist the court in understanding the issues and reasons in support of applications and appeals in Provincial Offences Act (POA) matters, the following documents are to be used for all appeals and applications in the Ontario Court of Justice in York Region, and the following scheduling will occur for applications and appeals unless a judge of the court orders otherwise:

  1. A Notice of Appeal required to be in Form 1 as set out in O. Reg 722/94 for Part I and II appeals under s. 135 of the POA shall also have attached it to the form attached as Schedule 1.
  2. A Notice of Appeal required to be in Form 1 as set out in O. Reg 723/94 for Part III appeals under s. 116 of the POA shall also have attached it to the form attached as Schedule 1.
  3. A Notice of Application to Extend Time to Appeal shall be in the form attached as Schedule 2 and shall be served on the prosecutor’s office (or the defendant if the prosecutor is the applicant).
  4. A Notice of Application to File Appeal Without Paying the Fine shall be in the form attached as Schedule 3 and shall be served on the prosecutor’s office.
  5. A Notice of Application for a Stay shall be in the form attached as Schedule 4 and shall be served on the prosecutor’s office.
  6. A Motion to Restore shall be in the form attached as Schedule 5 and shall be served on the prosecutor’s office.
  7. For applications and/or appeals that are on consent of the prosecutor and the defendant or not opposed by the prosecutor, those matters will be scheduled for 9:00 a.m. for hearing on a date set by the clerk on the third, fourth (and fifth if applicable) Friday of the month.
  8. For applications that are opposed, those matters will be scheduled for 10:30 a.m. for hearing on a date to be set by the clerk on the third, fourth (and fifth if applicable) Friday of the month.
  9. For appeals that are scheduled for a first appearance in court, those matters will be set for a status hearing to be scheduled for 10:30 a.m. on a date to be set by the clerk on the third, fourth (and fifth if applicable) Friday of the month.
  10. Appeals that are ready to be set for a hearing will be set for the first and second Friday of the month at 9:00 a.m., or to a special hearing date if appropriate.
  11. For appeals of proceedings commenced under Part I or II of the POA, all appellants shall order and obtain three (3) copies of the transcript of all hearings involving trials or guilty pleas for appeals of a conviction or sentence and shall serve the prosecutor’s office with a copy of the transcript and file a copy with the appeal court prior to the appeal date.
  12. It is anticipated that this new scheduling system will not be in full effect until the summer of 2017. During the transition to this new system, the co-operation of all parties would be appreciated.

This Practice Direction takes effect January 1, 2017

Simon C. Armstrong,
Regional Senior Justice, Central East Region
Ontario Court of Justice