Court of Appeal for Ontario

News – Archive (2022)

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).

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