Consolidated Practice Direction for the Northwest Region

Effective July 1, 2014

Notice of Amendment:  Part I A.1 (Designated Counties for the Commencement of Mortgage Proceedings under r. 13.1.01) was added on February 27, 2015 and comes into effect on March 31, 2015.

This Practice Direction applies to proceedings in the Superior Court of Justice, Northwest Region, effective July 1, 2014. It supersedes all previous region-specific Practice Directions for the Northwest 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: All Proceedings

A. Faxing or Emailing Documents and Late Filings of Documents and Confirmation Forms in all Civil, Family and Criminal Proceedings

  1. There has been a marked increase in civil, family and criminal materials being faxed or e-mailed to the Superior Court of Justice, Northwest Region.  This includes case conference, settlement conference, and pre-trial briefs, motion records and briefs of authorities. Often these materials are sent at the last minute. Some of the materials are voluminous.
  2. In addition, there has been an increase in the number of late filings of confirmation forms and documents for specific hearings.
  3. This flood of materials has, at times, overwhelmed the court’s capacity to receive and process them. Faxed materials are generally less legible than original materials. They may be out of alignment.  In addition, it is far from certain that all pages transmitted will be received by the court. Finally, there is a concern that pages of one document being pulled from the fax machine may be intermingled with another unrelated document.
  4. Similar problems apply to the printing of e-mailed documents at the court office. Current staffing does not allow for printing and collating of e-mailed materials.
  5. With respect to late filings of materials and confirmation forms as required under the applicable rules, staff are in a difficult position, not knowing whether they should accept or refuse documents.
  6. In order that documents to be filed are received in a complete and legible form, all parties are asked to file original documents at the Registrar’s office, complete with original affidavits of service, in compliance with the rule setting out the time for filing. Unless the filing is of an urgent nature, or the presiding judge has requested material to be delivered in this fashion, documents should not be sent to the court for filing by fax or e-mail. The single exception is a Pre-Trial Conference Report (From 17) which may be faxed or delivered to the trial office in accordance with timelines noted on the Form.
  7. With respect to late filing of documents and confirmation forms, specific direction has been provided to staff that, if confirmations and material are not received within the prescribed time, the court file must not be forwarded to the judge.  If counsel or self-represented parties appear on a specific day (and their filings are not complete) they will need to complete a fiat to be presented to the judge and she/he will decide whether or not they will hear the matter or order the parties to select a new date.

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

7.1

Pursuant  to rule 13.1.01(3) of the Rules of Civil Procedure, which comes into effect on March 31, 2015, Fort Frances, Thunder Bay or Kenora have been designated as the place for commencement of mortgage proceedings for property located anywhere in the Northwest Region.

B. Requests to Attend Proceedings via Teleconference or Videoconference in all Proceedings

  1. Counsel and parties requesting to attend their matter via teleconference or videoconference must complete a Request Form.
  2. No request shall be considered approved until approval has been duly granted by a judge of the Superior Court of Justice acting for, or in, the Northwest Region.
  3. Requests are to be submitted no less than five (5) days prior to the event.
  4. To receive a Request Form for matters in Thunder Bay contact the Trial Coordinator.
  5. To receive a Request Form for matters in Kenora and Fort Frances, please contact the Assistant Trial Coordinator.
  6. The contact information for the Trial Coordinator and Assistant Trial Coordinator are available on the Superior Court’s website at: www.ontariocourts.ca/scj/practice/schedules/nw/directory.

Part II: 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. 14B Motions

  1. Form 14B motions procedures are governed by Part I of the Consolidated Provincial Practice Direction. Counsel and parties are advised to refer to that Practice Direction for further direction.

Part III: Criminal Proceedings

A. Gowning for Criminal Pre-trials

  1. In addition to the gowning requirements outlined in the Consolidated Provincial Practice Direction, counsel are required to gown for criminal pre-trials in the Northwest Region.

Dated: April 11, 2014

Amended: February 27, 2015 (addition of para 7.1)

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

Douglas Shaw
Regional Senior Judge
Superior Court of Justice, Northwest Region