Consolidated Practice Direction for the Central West Region

Notice of Amendment:  

Part I A [paras. 2 – 6] was amended on July 1, 2018;
Part III A [paras. 75 – 80] was revoked on May 1, 2017; 
Part I J [paragraphs 26 and 27] (family proceedings – case conferences and settlement conferences) was replaced on January 1, 2017.


Effective July 1, 2014

This Practice Direction applies to proceedings in the Superior Court of Justice, Central West Region, effective July 1, 2014. It supersedes all previous region-specific Practice Directions for the Central West Region issued prior to July 1, 2014, which are hereby revoked.

Counsel and parties are advised to refer to the relevant Parts of the Consolidated Provincial Practice Direction as well as the Consolidated Practice Direction for Divisional Court Proceedings which are available on the Superior Court of Justice website at: www.ontariocourts.ca/scj.

Part I: Family Proceedings

  1. In addition to this Part, counsel and parties in family proceedings are advised to refer to Part I of the Consolidated Provincial Practice Direction.

A. Confirmations

  1. Each party to a motion or conference must file a Form 14C Confirmation of Motion or Form 17F Confirmation of Conference no later than 2 p.m. three business days before the date of the motion or conference. The parties may file a Form 14C or Form 17F Confirmation jointly.
  2. The parties or their counsel should consult with each other prior to filing their Form 14C or Form 17F Confirmations, unless the parties are self-represented and prohibited from communicating by court order.
  3. Where Form 14C Confirmation of Motion or Form 17F Confirmation of Conference forms have not been filed, the conference or motion will not be scheduled on the event list and, as a result, will not be heard by the court. Costs may be ordered against a party who has not filed the Confirmation.
  4. Form 14C Confirmation of Motion or Form 17F Confirmation of Conference forms must only list the specific issues that are to be addressed at the event.  They should also indicate which materials the judge should review with clear reference to the specific volume, tab and page numbers of the Continuing Record.  Failure to provide this information may result in the materials not being reviewed by the judge or the motion not being heard on that day.
  5. Form 14C Confirmation of Motion or Form 17F Confirmation of Conference must also include an appropriate time estimate for the entire motion or conference, including time required by the other party.  Parties will be held to the time stated on their Confirmations.

B. Short Motions

  1. Motions that are expected to take one hour or less may be scheduled on a regular motions day serving and filing the motion material at the court office at the location where the motion is to be heard within the timelines set out in the Family Law Rules.

C. Long Motions

  1. Motions that are expected to take more than one hour (including the other party’s reply and cross motion, if any) must be scheduled as long motions and scheduled through the Trial Coordinator in the location where the motion is to be heard.

(i) Long Motions in Milton

  1. In Milton, a long motion must be confirmed no later than three weeks prior to the date the motion is to be heard, and all material must be filed by the moving party by that date. Counsel and parties will be advised of this requirement at the time the motion is booked.
  2. If the material and the confirmation are not filed at least three weeks in advance of the date the motion is to be heard, the motion will be removed from the list and will not be heard.  If possible, the time can be used to hear another motion by arrangement with the trial office.

(ii) Long Motions in Owen Sound and Walkerton

  1. In Owen Sound and Walkerton, a long motion must be confirmed no later than three weeks prior to the date the motion is to be heard.  The moving party’s factum must be served and filed four weeks prior to the hearing date.  The respondent’s factum must be served and filed three weeks prior to the hearing date. The litigant, or counsel, as the case may be, will be advised of this requirement at the time the motion is booked.
  2. If the moving party`s factum and the confirmation are not filed in accordance with these timelines, the motion will be removed from the list and will not be heard.  If possible, the time can be used to hear another motion by arrangement with the trial office.
  3. The respondent`s failure to file its factum in accordance with these timelines will be addressed by the judge hearing the long motion.
  4. Any request to adjourn a long motion, even if on consent, must be made by Notice of Motion, with a supporting Affidavit, returnable on the earliest available regular motions date.

D. Form 14B Motions

  1. A Form 14B Motion must be filed at the court office and cannot be filed by fax.  A Form 14B Motion Form should be accompanied by four copies of a proposed Order (Form 25), a completed endorsement sheet and a self-addressed and stamped envelope for each party.
  2. The 14B Motion Form shall be filed in the Continuing Record and a copy of the proposed Order shall be attached to the appropriate place in the Endorsement Volume.
  3. In addition to this section, counsel and parties are advised to refer to Part I of the Consolidated Provincial Practice Direction regarding Form 14B Motions.

E. Urgent Motions on Notice

  1. A party may seek an urgent motion on notice without a case conference in situations of urgency or hardship including issues such as abduction and threats of harm where an Early Case Conference is not available.  A party seeking such a motion must file all of the required materials except for a Form 14C Confirmation.

F. Urgent Motions without Notice

  1. A party that is seeking a motion without notice to the other party must also set out why notice is unnecessary or not reasonably possible.  A factum or Summary of Argument is not required for an urgent motion that has been brought without notice.

G. Factums Summaries of Arguments and Briefs of Authorities

  1. A properly drafted factum or Summary of Argument is required on all long motions except where noted otherwise. If the moving party does not file a factum or Summary of Argument where required, the motion will not be scheduled.
  2. For long motions, each party’s factum or Summary of Argument must be filed at least seven days before the hearing of the motion.
  3. No factum or Summary of Argument may exceed 20 pages without leave of the court.
  4. The authorities that are included on the court’s list of Often Cited Family Cases do not need to be provided to the court.  Counsel and parties are advised to refer to Part I of the Consolidated Provincial Practice Direction for further direction.

H. Compendiums

  1. A Compendium containing the documents and evidence that are essential to the hearing of the motion may be provided for long or complex motions.  A party wishing to file a Compendium should file it with their factum.  A joint Compendium may be filed with the respondent’s factum.  A Compendium would normally include the Notice of Motion, Affidavits and Financial Statements, as well as excerpts from the evidence and exhibits that will be referred to in the argument of the motion.

I. Electronic Copies of Material

  1. Whenever the volume of materials is large or the motion is complex, the parties should file an electronic copy of their motion materials as well as paper copies.  Counsel and parties are advised to refer to the Guide Concerning e-Delivery of Documents available on the Superior Court of Justice Website.

J. Case Conferences and Settlement Conferences

26.1

Counsel and parties are expected to attend all conferences in person.

26.2

Parties may arrange for a conference to occur by teleconference with the consent of both parties and their counsel. If the other party will not consent, a request for a teleconference may be made by filing a Form 14B Motion Form.

26.3

Counsel or the parties should communicate before any conference in order to attempt to resolve the issues that are in dispute unless the parties are self-represented and prohibited from communication by court order.

26.4

A date for a case conference may only be obtained upon one side filing a case conference brief.

26.5

Once a case or settlement conference has been scheduled no adjournments will be permitted except in exceptional circumstances. If exceptional circumstances arise, the party requesting the adjournment must obtain the permission, in writing, of a Superior Court Justice.

26.6

Trial management conferences may not be adjourned without a judge’s order, which must be obtained either by 14B motion or by appearing before the court. The adjournment request must set out compelling reasons why the parties are not ready to go ahead, along with a proposed timetable to move the case forward.

  1. Parties must serve and file a Trial Scheduling Endorsement Form with their Settlement Conference briefs, so that if the matter does not settle at the Settlement Conference a trial date can be scheduled.

K. Dispute Resolution Officer Program – Brampton and Milton

  1. If the matter is not resolved at a Settlement Conference, a Trial Scheduling Endorsement Form must be completed prior to the matter being scheduled for trial.
  2. The first Case Conference on a motion to change a final order or agreement in Brampton or Milton shall be scheduled before a Dispute Resolution Officer (DRO) in accordance with Part I of the Consolidated Provincial Practice Direction. Counsel and parties are advised to refer to Part I of the Provincial Practice Direction for further direction.
  3. A DRO conference may be held on matters other than motions to change only as directed by the court upon request by a 14B Motion or at another court event.

L. Early Case Conferences – Brampton and Milton

  1. Litigants who are represented by counsel, and those who are self-represented, can participate in an early case conference.
  2. The case conferences will be held on Mondays. They will be listed as “Early Case Conference” (ECC) and are available only if a case conference has not already been held.
  3. Fifteen ECCs will be scheduled for 10 a.m.
  4. Both parties must certify they have fully discussed the issues to be litigated with the other side before their attendance at court for the ECC, or have attended court not later than 9 a.m. on the scheduled date to fully discuss the issues.  If the parties have not discussed the issues fully in advance of 10 a.m., the conference will be rescheduled.
  5. Litigants are required to attend the ECC.
  6. Each ECC will be limited to a total of 15 minutes for all submissions, discussion and endorsements.
  7. The litigants must file updated financial statements. Case Conference Briefs must not exceed five double spaced pages setting out their positions and must not include lengthy schedules.
  8. The parties are limited to factual assertions contained in the written material, and will not be permitted to add additional facts in submissions.

M. Trial Records

  1. If the matter is not resolved at a case conference, a completed Trial Scheduling Endorsement Form must be completed by the parties and endorsed by the court prior to the matter being scheduled for trial.
  2. The Applicant must file a Trial Record at least 30 days prior to the scheduled Trial date.  Failure to do so will result in the matter being removed from the Trial list, unless the court orders otherwise.

N. Cost Orders in Family Law Motions and Applications

  1. Rule 57.01(6) of the Rules of Civil Procedure requires that, unless the parties have agreed on costs:

every party who intends to seek costs for that step shall give to every other party involved in the same step, and bring to the hearing, a costs outline (Form 57B) not exceeding three pages in length.

  1. This is to permit the presiding judge, where feasible, to summarily determine the issue of costs.  The overriding principle is that “the court shall devise and adopt the simplest, least expensive, and most expeditious process for fixing costs…” Rule 57.01(7).
  2. While Rule 24 of the Family Law Rules, in addressing costs, does not refer to costs outlines or bills of costs, Rule 1(7) states that if a matter is not covered by the rules, the court may give direction, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and, if the court considers it appropriate, by reference to the Rules of Civil Procedure.
  3. Too frequently counsel are attending motions and applications without costs outlines, and seeking to make submissions regarding the costs to be awarded.  When judges ask for the outlines or bills of costs, counsel often seek to file written submissions as to costs.  This is contrary to the intention of the Rules, delays the determination of the issue, and requires judges to determine costs issues for motions and applications that were often decided months before.
  4. All counsel appearing on motions and applications should attend the hearing with their costs outline in accordance with Rule 57.01 available, to provide to the presiding judge.  If the outline is not available to be given to the presiding judge, the judge may decline to make any costs award.

Part II: Civil Proceedings

  1. In addition to this Part, counsel and parties to civil proceedings are advised to refer to Part III of the Consolidated Provincial Practice Direction.

A. Motions to Transfer a Civil Proceeding under Rule 13.1.02 of the Rules of Civil Procedure

  1. All requests for a transfer of a civil proceeding from one county to another shall be pursuant to rule 13.1.02 of the Rules of Civil Procedure. The motion will be granted or denied based on its merits. Counsel and parties are advised to refer to Part III the Consolidated Provincial Practice Direction which prescribes specific requirements for motions to transfer a civil proceeding.

A.1 Designated Counties for the Commencement of Mortgage Proceedings under rule 13.1.01(3)

47.1

Pursuant  to rule 13.1.01(3) of the Rules of Civil Procedure, which comes into effect on March 31, 2015, Brampton, Milton, Orangeville or Owen Sound have been designated as the place for commencement of mortgage proceedings for property located anywhere in the Central West Region.

B. Applications and Motions

  1. Applications and motions that require one hour or less for all parties to argue are considered short.  Applications and motions that require more than one hour for all parties to argue are considered long.

C. Short Applications or Short Motions before a Judge

  1. All the materials for short motions and applications are filed in the Registrar’s office. Parties must consult with each other to select a return date convenient to all parties and which will permit all parties to file all necessary materials and conduct any examinations before the return date.  At the time of filing the Notice of Motion, a realistic estimate of the time required by all parties for argument must be provided.

D. Long Motions

  1. Motions that are expected to take more than one hour (including the other party’s reply and cross motion, if any) must be scheduled as Long Motions and scheduled through the Trial Coordinator in the location where the motion is to be heard.

(i) Long Motions in Milton

  1. In Milton a long motion must be confirmed no later than three weeks prior to the date the motion is to be heard, and all material must be filed by the moving party by that date. The litigant, or counsel, as the case may be, will be advised of this requirement at the time the motion is booked.
  2. If the material and the confirmation are not filed at least three weeks in advance of the date the motion is to be heard, the motion will be removed from the list and will not be heard. If possible, the time can be used to hear another motion by arrangement with the trial office.

(ii) Long Motions in Owen Sound and Walkerton

  1. In Owen Sound and Walkerton, a long motion must be confirmed no later than three weeks prior to the date the motion is to be heard. The moving party’s factum must be served and filed four weeks prior to the hearing date. The respondent’s factum must be served and filed three weeks prior to the hearing date. The litigant, or counsel, as the case may be, will be advised of this requirement at the time the motion is booked.
  2. If the moving party`s factum and the confirmation are not filed in accordance with these timelines, the motion will be removed from the list and will not be heard. If possible, the time can be used to hear another motion by arrangement with the trial office.
  3. The respondent`s failure to file its factum in accordance with these timelines will be addressed by the judge hearing the long motion.
  4. Any request to adjourn a long motion, even if on consent, must be made by Notice of Motion, with a supporting Affidavit, returnable on the earliest available regular motions date.

E. Emergency/Walk-in Motions

  1. Counsel and parties who wish to have a motion added to a motions list must attend the trial office before bringing the motion into court.  Counsel will be provided with a form to be completed.  The trial office staff will then assign the application for leave to be added to the list to a judge who is presiding in motions court that day.  The application for leave must be brought in the assigned court, unless the assigned judge directs otherwise.
  2. If counsel and parties have not gone to the trial office before attending the courtroom, they will be required to go to the trial office and complete the form before the leave application is heard.

F. Certification of an Action to Set Pre-Trial and Trial Dates

  1. The practice of certifying an action ready for trial continues in Brampton.  Once the trial record is filed, the Registrar will hand to the party who set the action down for trial a Certification Form to Set Pre-Trial and Trial Dates.  After consultation with the opposing counsel or party, the party who received the form must complete and return the Certification Form to the trial office.
  2. If a completed Certification Form is not returned within 90 days of the matter being set down for trial, the parties will be required to attend at the Assignment Court.  If the parties are not ready for trial, the action will be struck from the list.
  3. In order to restore an action that has been struck from the trial list, the parties must obtain an order granting leave from a judge under rule 48.11 to restore it to the trial list.
  4. Once trial dates are set, the parties may adjourn the date if on consent of all parties.
  5. Rule 48.04 provides that a party who sets an action down for trial or consents to placing the action on the trial list cannot initiate or continue any form of discovery or interlocutory motion without leave of the court.  Leave will be granted only in rare circumstances.

G. Material for use of the Court

Factums

  1. Factums are required for all applications.  Factums are required for all motions over one hour and are strongly encouraged for all other motions.  No factum may exceed 20 pages, unless leave is granted.  For longer or more complex motions, the court always finds it helpful for the parties to file electronic copies of their factums in Word format.  Electronic copies should be attached to the hard copy of the factum with the court and should be labelled with the court file name and number, event and content of the electronic document (e.g. flash drive), as well as the return date of the matter.

Books of Authority

  1. Cases contained in books of authorities should be copied on both sides of a page.  Electronic copies of books of authorities are helpful in longer or more complex motions.

H. Confirmations for Motions and Applications

  1. Confirmation notices for short motions/applications must be received by fax or delivered to the court office not later than 2:00 p.m. three business days before the matter is to be heard.  For example, for matters to be heard on Monday, they must be confirmed by 2:00 p.m. on the preceding Wednesday.
  2. Confirmations must list only the specific issues to be addressed at the motion/application.  They should also indicate the materials that the judge should review.
  3. Except as otherwise provided in the Practice Direction, confirmation notices for long motions/applications must be received five business days before the matter is to proceed.
  4. Only Central West confirmation notices will be accepted.
  5. In Brampton and Milton, counsel should indicate on the form if they have other matters to be heard on that date, so that the court office may attempt to put their matters on one list if two or more judges are scheduled to hear the motion/application.

I. Cost Orders in Civil Motions and Applications

  1. Rule 57.01(6) of the Rules of Civil Procedure requires that, unless the parties have agreed on costs:

every party who intends to seek costs for that step shall give to every other party involved in the same step, and bring to the hearing, a costs outline (Form 57B) not exceeding three pages in length.

  1. This is to permit the presiding judge, where feasible, to summarily determine the issue of costs.  The overriding principle is that “the court shall devise and adopt the simplest, least expensive, and most expeditious process for fixing costs…” Rule 57.01(7).
  2. Too frequently counsel are attending motions and applications without costs outlines, and seeking to make submissions regarding the costs to be awarded.  When judges ask for the outlines or bills of costs, counsel often seek to file written submissions as to costs.  This is contrary to the intention of the Rules, delays the determination of the issue, and requires judges to determine costs issues for motions and applications that were often decided months before.
  3. All counsel appearing on motions and applications should attend the hearing with their costs outline in accordance with Rule 57.01 available, to provide to the presiding judge.  If the outline is not available to be given to the presiding judge, the judge may decline to make any costs award.

Part III: Criminal Proceedings

A. Bail Variations pursuant to section 515.1 of the Criminal Code

This section (paragraphs 75 to 80) has been revoked and replaced by part V of the Provincial Practice Direction Regarding Criminal Proceedings.

Dated: April 11, 2014
Amended: July 1, 2018 (modification to Part I A [paras. 2 – 6]); May 1, 2017 (revocation of part III A (paras. 75 – 80)); January 1, 2017 [paragraphs 26 and 27], July 1, 2015 [modification to paragraph 39]; February 27, 2015 [addition of para 47.1]; November 7, 2014 [addition of paras 11 – 14 and 53 – 56]

Heather J. Smith
Chief Justice
Superior Court of Justice (Ontario)

Peter A. Daley
Regional Senior Judge
Superior Court of Justice, Central West Region