Court of Appeal for Ontario

News – Archive

The Court of Appeal for Ontario released a guide for unrepresented persons proceeding with motions for leave to appeal in provincial offences cases. The guide is available here on the Court of Appeal website: https://www.ontariocourts.ca/coa/how-to-proceed-court/provincial-offences-guide/.

(April 26, 2023)

Courtroom 2 Appeal Hearings Traversed to Courtroom 3, Effective Monday, April 24

Beginning April 24, 2023, Courtroom 2 will be taken out of service for renovations and any matters scheduled for Courtroom 2 will be traversed to Courtroom 3.  Any scheduling notices previously sent for hearings in Courtroom 2 on or after Monday, April 24, 2023, will not be amended but signage will instead re-direct in-person participants to neighbouring Courtroom 3.  Any established Zoom links will remain the same.

(April 20, 2023)

Housekeeping Amendment to the Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic

The Court of Appeal for Ontario released today a housekeeping amendment to its Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic requiring parties filing password-protected documents to provide the password to the Court’s Intake Office.

(March 28, 2023)

Rosenberg Mentorship Moot

(February 23, 2023)

The Prime Minister of Canada has announced the appointment of the Honourable Michael H. Tulloch as the new Chief Justice of Ontario

(December 19, 2022)

Please see: pm.gc.ca/en/news/news-r

Housekeeping Amendments to the Civil Practice Direction

(November 28, 2022)

The Court of Appeal for Ontario released today housekeeping amendments to its Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario. The amendments:

  • Encourage parties to file a copy of the reasons for decision or endorsement for the order being appealed from with their notice of appeal (s. 6.4(1));
  • Encourage parties that are making payments by credit card to include the credit card authorization form with their notice of appeal, notice of motion and certificate of perfection (ss. 6.4(2), 7.1.2(5), 7.2.2(3) and 11.1(2));
  • Require parties to select the motion hearing date where the time limits are met (ss. 7.1.2(2) and 7.1.3(1));
  • Clarify that the notice of motion and factum must contain an estimated length of time for the moving party’s oral argument (ss. 7.1.2(4) and 7.1.7(3));
  • Remind parties that they are not required to confirm a motion will proceed on its scheduled hearing date (s. 7.1.3(8));
  • Clarify that unopposed motions will be treated like motions on consent (s. 7.1.4);
  • Clarify the process for motions to intervene (s. 7.1.10);
  • Indicate that, on motions for leave to appeal, the moving party’s motion record must contain both the order and decision from which leave to appeal is sought (s. 7.2.7(2));
  • Require parties to indicate if an appeal management request is on consent and provide parties opposing the request 7 days to respond (s. 8(1));
  • Explain the process and outline the materials required for grouped appeals (s. 11.9);
  • Provide parties responding to a request to reconsider a prior precedential decision 14 days to respond (s. 13);
  • Require parties to address costs when filing a notice of abandonment (s. 14(3)); and
  • Remind parties of the need to file a notice of abandonment even if the parties notify the Appeal Scheduling Unit that the appeal has been abandoned (s. 14(5)).

Update to Criminal Appeal Rules Forms

(October 20, 2022)

The Court of Appeal for Ontario updated the title of proceedings on Forms 1 through 19 in the Criminal Appeal Rules today by changing the words “Her Majesty the Queen” to “His Majesty the King”.

Updates to COVID Practice Direction Regarding Affidavits of Service, Electronic Filing, Video Observation Requests by In-Custody, Represented Appellants and Working Hours of Motions/Bail Orders Clerk

(October 17, 2022)

The Court of Appeal for Ontario updated its COVID Practice Direction today regarding:

  • Affidavits of service (see para. 39);
  • The acceptable file formats and file sizes for electronic filing (see paras. 49-51);
  • Fee waiver request forms (see para. 66);
  • How to submit a request for an in-custody, represented appellant to observe their appeal hearing by video (see paras. 93-95); and
  • The working hours of the motions/bail orders clerk (see para. 168).

New Decision Database

(October 13, 2022)

Opening of the Courts 2022

(October 3, 2022)

Remarks of the Honourable J. Michal Fairburn, Associate Chief Justice of Ontario

The Opening of Courts Ceremony for 2022 on YouTube: https://youtu.be/sd7Be7yG9ag

Notice regarding Proceedings involving the Crown

(September 21, 2022)

New File Naming Convention for Electronic Materials

(September 13, 2022)

The Court of Appeal has changed the file naming convention for electronic materials. The file name must now start with the document character code, followed by the Court of Appeal file number, and end with the relevant file extension. For more information, see Appendix B of the COVID Practice Direction.

The Honourable George R. Strathy

(August 31, 2022)

The Honourable George R. Strathy retires from the Court of Appeal for Ontario today, after having served as Chief Justice of Ontario for eight years and as an appellate and trial judge for nearly fifteen years. On the occasion of his retirement, he has published some reflections on Ontario’s justice system: https://www.ontariocourts.ca/coa/about-the-court/publications-speeches/cjo-strathy-speech-justice-system/.

Retirement of Chief Justice George Strathy, Chief Justice of Ontario

(August 26, 2022)

Launch of New Digital Case Tracking System

(August 30, 2022)

Public Statement by Ontario’s three Chief Justices regarding September 30th, National Day for Truth and Reconciliation

(August 25, 2022)

Updates to COVID Practice Direction Regarding Manner of Hearing for Inmate and ORB Appeals and Gowning

(August 22, 2022)

The Court of Appeal for Ontario updated its COVID Practice Direction today with respect to the manner of hearing for inmate and Ontario Review Board appeals and the Court’s expectations regarding gowning. In brief, the updates are:

  • As of September 6, 2022, in-custody inmates and in-custody, unrepresented parties to ORB appeals will be presumed to be appearing in person, although they can choose to appear remotely so long as they advise the Court in advance.

For the full updates, please review the Court’s COVID Practice Direction.

COVID-Related Procedures at the Court of Appeal for Ontario: Masks

(June 16, 2022)

Beginning July 4, 2022, masks will no longer be required at the Court of Appeal. Attendees may still choose to wear a mask. Many COVID-19 protective measures remain in place. If you are attending an appeal hearing, please review the Court’s COVID-19 Practice Direction and the Protocol for In-Person Hearings During the Pandemic.

COVID-Related Procedures at the Court of Appeal for Ontario: Infographic and Flyer

(May 10, 2022)

The Court of Appeal for Ontario has created an infographic and a flyer summarizing the current COVID-related procedures.

Court of Appeal for Ontario to Begin Hearing Appeals and Panel Motions in Person

(March 22, 2022; revised April 26, 2022)

Beginning April 4, 2022, the Court of Appeal for Ontario will begin hearing appeals and panel motions in person.

Inmate appeals will also be returning to an in-person format, but until further notice, inmates who are in custody at the time of their appeal hearing will continue to appear by video conference. Inmates who are out of custody at the time of their appeal hearing may choose to appear in person or by video conference. For motions in inmate matters, inmates – whether in custody or out of custody at the time of the motion hearing – must appear remotely by video or audio conference.

Appeal from orders made under Part XX.1 – Mental Disorder of the Criminal Code (generally known as Ontario Review Board appeals or ORB appeals) will also be returning to an in-person format, but until further notice, accused persons who are in custody at the time of their appeal hearing and who are not represented by a lawyer will continue to appear remotely by video conference. Accused persons who are out of custody at the time of their appeal hearing and who are not represented by a lawyer may choose to appear in person or by video conference. For motions in these matters, accused persons who are not represented by a lawyer – whether in custody or out of custody at the time of the motion hearing – must appear remotely by video or audio conference.

Single motions, purge court, and status court will continue to be heard remotely until further notice.

Parties will have the option of attending in-person appeals and panel motions remotely using a Zoom link, which will be provided to them.

Until further notice, the Court will continue to encourage physical distancing. In-person attendance is ordinarily limited to individuals making oral submissions and a maximum of two additional individuals per party. All other individuals, including members of the public and media, will be able to observe remotely by Zoom.

Given the return to in-person hearings, the Court is also revising the standard wording for the surrender condition in release orders pending appeal.

For more information about these changes, please review the Court’s Protocol for In-Person Hearings During the COVID-10 Pandemic at this link and the Court’s Consolidated Practice Direction Regarding Proceedings During the COVID-19 Pandemic at this link. Please also ensure to use the Court’s updated Counsel Slip and Hearing Information Form at this link.

Judicial Appointment

(March 28, 2022)

Justice Jill M. Copeland Appointed to the Court of Appeal for Ontario.

Court of Appeal for Ontario to Begin Hearing Appeals and Panel Motions in Person

(March 22, 2022)

Beginning April 4, 2022, the Court of Appeal for Ontario will begin hearing appeals and panel motions in person. Inmate appeals will also be returning to an in-person format, but until further notice, inmates will continue to appear by video conference.

Single motions, purge court, and status court will continue to be heard remotely until further notice.

Parties will have the option of attending in-person appeals and panel motions remotely using a Zoom link, which will be provided to them.

Until further notice, the Court will continue to encourage physical distancing. In-person attendance is ordinarily limited to individuals making oral submissions and a maximum of two additional individuals per party. All other individuals, including members of the public and media, will be able to observe remotely by Zoom.

Given the return to in-person hearings, the Court is also revising the standard wording for the surrender condition in release orders pending appeal.

For more information about these changes, please review the Court’s Protocol for In-Person Hearings During the COVID-10 Pandemic at this link and the Court’s Consolidated Practice Direction Regarding Proceedings During the COVID-19 Pandemic at this link. Please also ensure to use the Court’s updated Counsel Slip and Hearing Information Form at this link.

Return to Remote Appeal Hearings, Suspension of Status Court and Purge Court, and Closure of Public Counter

(December 17, 2021; revised January 13, 2022)

In response to the most recent developments related to the COVID-19 pandemic, effective December 20, 2021 and until further notice: (i) unless otherwise directed, all appeal hearings at the Court of Appeal for Ontario will proceed remotely using the Zoom platform; (ii) status court and purge court are suspended; and (iii) public counter services will not be available. All members of the public should avoid non-essential visits to the courthouse. Parties must file all documents electronically in accordance with the Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic.

Gowning Not Required

(January 10, 2022)

In response to the most recent developments related to the COVID-19 pandemic, until further notice, counsel are not expected to gown for any appearances before the court. The Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic has been amended to reflect this change (see para. 93).

Return to Previous Standard Wording of Surrender Condition in Release Orders for Appellants on Bail Pending Appeal

(December 21, 2021)

In response to the most recent developments related to the COVID-19 pandemic, effective immediately and until further notice, the Court of Appeal for Ontario is returning to using the standard wording of the surrender condition in release orders that was used previously in the pandemic. This wording requires appellants on bail to surrender by 7:00 a.m. the morning the judgment is to be released or by 7:00 a.m. on the “sunset date” (i.e., the expiry date of the release order), whichever is earlier. For more information, please see paras. 125-131 of the Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic.

Judicial Appointments

(December 20, 2021)

Justice Jonathon George and Justice Lise Favreau Appointed to the Court of Appeal for Ontario.

Statement Regarding Submissions from Counsel

(November 25, 2021)

The Chief Justice of Ontario and the Associate Chief Justice of Ontario have issued a statement welcoming senior counsel to share opportunities for oral submissions with junior counsel: Statement Regarding Submissions from Counsel.

New Practice Direction Released Regarding Accessing Court Documents and Exhibits from Lower Courts for Purposes of Preparing Appeal Books in Criminal Appeals

(November 22, 2021)

In consultation with relevant stakeholders, the Court of Appeal is in the process of reviewing and revising Rule 12 (and its associated Form 8) and Rule 54 of the Criminal Appeal Rules, which relate to accessing lower court documents and exhibits in order to prepare appeal books. While these rules are undergoing review and revision, the Court has released a Practice Direction Regarding Accessing Court Documents and Exhibits from Lower Courts for Purposes of Preparing Appeal Books in Criminal Appeals. This practice direction provides further clarification and guidance on how parties to a criminal appeal gain access to court documents and exhibits from the lower court. The practice direction is effective immediately.

Revisions Released to the Consolidated COVID-19 Practice Direction

(November 10, 2021)

The Court of Appeal for Ontario has amended its Consolidated COVID-19 Practice Direction in order to revise the standard wording for the surrender condition in release orders pending appeal. For more information, see paras. 130-136 of the Consolidated COVID-19 Practice Direction.

Decision Released in Restoule v. Canada

(November 5, 2021)

The Court of Appeal released its decision in Restoule v. Canada (C66455 & C68595). The appeals concern the 1850 Robinson-Huron and Robinson-Superior Treaties. The reasons are available at  https://coadecisions.ontariocourts.ca/coa/coa/en/item/20082/index.do and a public overview is available at https://coadecisions.ontariocourts.ca/coa/coa/en/item/20090/index.do.

Revisions Released to the Consolidated COVID-19 Practice Direction

(November 1, 2021)

The Court of Appeal for Ontario has amended its Consolidated COVID-19 Practice Direction in order to reflect the coming into force of the new Criminal Appeal Rules.

Court of Appeal for Ontario to Begin Hearing Appeals in Person

(October 26, 2021)

Beginning November 8, 2021, the Court of Appeal for Ontario will begin hearing appeals in person.

The Court will begin hearing criminal appeals and panel motions in person on November 8 and will begin hearing civil appeals and panel motions in person on November 15.

Inmate appeals, single-judge motions, purge court, and status court will continue to be heard remotely until further notice.

Parties will have the option of attending in-person appeals and panel motions remotely using a Zoom link, which will be provided to them.

In-person attendance will be limited to counsel and self-represented litigants. Observers, including clients and the public, will be able to observe remotely by Zoom.

For health and safety reasons, the Court had been hearing appeals remotely by Zoom throughout most of the COVID-19 pandemic. Based on public health advice the Court will resume hearing appeals in-person with appropriate health and safety measures in place. The Court continues to receive regular public health advice and will, if advisable, return to hearing appeals remotely.

For more information, please review the Court’s Protocol for In-Person Hearings During the COVID-10 Pandemic at this link and the Court’s Consolidated Practice Direction Regarding Proceedings During the COVID-19 Pandemic at this link.

New Criminal Appeal Rules to Be Released November 1, 2021

(October 21, 2021; Revised October 28, 2021)

New Criminal Appeal Rules for all criminal matters at the Court of Appeal for Ontario will come into force on November 1, 2021. On that day, the current Criminal Appeal Rules, SI/93-169, 1993 Canada Gazette, Part II, will be revoked.

In general, the new Rules will apply to all criminal matters at the Court of Appeal for Ontario whether commenced before or after November 1, 2021.

The new Criminal Appeal Rules may be reviewed at https://www.ontariocourts.ca/coa/files/rules-forms/criminal-rules-en.pdf.

Please note:

  1. Due to the circumstances of the COVID-19 pandemic, the provisions of the new Criminal Appeal Rules that are inconsistent with the Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic do not apply unless otherwise ordered by the court or a judge of the court. In particular, Rule 10 (“Manner of Hearing”) and its associated Form 6 (“Notice of Objection to Proposed Manner of Hearing”) do not apply unless otherwise ordered by the court or a judge of the court.
  2. The Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario is currently under revision. It continues to apply, except to the extent that: (i) it is inconsistent with the new Criminal Appeal Rules; or (ii) it is varied by the Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic.
  3. [NEW: Added October 28, 2021] Unless otherwise ordered by the court or a judge, during this transition period, and in light of the need to produce and disseminate new forms, the court is prepared to accept materials using the forms under the previous Criminal Appeal Rules until January 1, 2022.

Revisions Released to the Consolidated COVID-19 Practice Direction

(September 27, 2021)

The Court of Appeal for Ontario has amended its Consolidated COVID-19 Practice Direction to remove the information about scheduling urgent matters in July and August 2021 and to specify that only lawyers licensed by the Law Society of Ontario to practise law in Ontario may act and sign as a witness for a surety’s signature and for an out-of-custody appellant’s signature on Appendix A of the Court of Appeal for Ontario’s “all-in-one” release order. The amendments to the Consolidated COVID-19 Practice Direction can be found at Appendix A of the Practice Direction.

Opening the Court Speech 2021
The Opening of Courts Ceremony for 2021 on YouTube: https://youtu.be/Nv4szyNI-ZY

(September 14, 2021)

Remarks of the Honourable George R. Strathy, Chief Justice of Ontario

Public Statement by Ontario’s three Chief Justices regarding September 30th, National Day for Truth and Reconciliation (PDF)

(September 9, 2021)

Amendments to the Civil Practice Direction

(July 7, 2021)

The Court of Appeal released today housekeeping amendments to the Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario.

Revisions Released to the Consolidated COVID-19 Practice Direction and to the Counsel Slip and Hearing Information Form

(July 6, 2021)

The Court of Appeal for Ontario has amended its Consolidated COVID-19 Practice Direction and revised its Counsel Slip and Hearing Information Form. The amendments to the Consolidated COVID-19 Practice Direction can be found at Appendix B of the Practice Direction. The Counsel Slip and Hearing Information Form has been revised to allow those that appear before the Court to provide their prefix, pronouns and/or name pronunciation (through phonetic spelling or a link to an audio recording).

The Court of Appeal for Ontario congratulates our colleague Mahmud Jamal on his nomination to the Supreme Court of Canada.

(June 17, 2021)

https://pm.gc.ca/en/news/news-releases/2021/06/17/prime-minister-announces-nomination-honourable-mahmud-jamal-supreme

New Website Launched

(June 7, 2021)

The Court of Appeal for Ontario has launched a new website. We are interested in your opinions, suggestions and comments about the new website. Please send us your website feedback.

Restoule v. Canada Stage Two Hearing

(June 7, 2021)

In April and June, the Court of Appeal heard appeals in Restoule v. Canada (C66455 & C68595). The appeals concern the 1850 Robinson Huron and Robinson Superior Treaties. Pursuant to court orders, a recording of the stage one hearing is available on Vimeo at https://vimeopro.com/user135794168/c66455 and a recording of the stage two hearing is available at https://vimeopro.com/user135794168/c68595

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