Notice Regarding Commencement of Some In-Person Hearings

The Chief Justice of Ontario is pleased to announce that the Court of Appeal for Ontario will begin scheduling some in-person appeal hearings, commencing the week of October 19, 2020.

During the COVID-19 pandemic, the Court of Appeal has been able to continue hearing all forms of appeals remotely. However, it is now able to safely begin hearing some appeals in-person.

The return to in-person hearings will be gradual and most appeals heard in 2020 will continue to proceed remotely by video, teleconference or in writing.

At this time, the Court will consider scheduling some appeals that meet the following criteria for in-person hearings:

The appeal must be scheduled for one day or longer. Depending on the Court's resources, and public health concerns, the court may at later date begin scheduling some half-day appeals for in-person hearings.
The Court must be satisfied that the appeal can appropriately be scheduled for an in-person hearing.
All parties must consent to an in-person hearing.

If the Court is considering scheduling an in-person hearing, a staff member from the Court's Appeal Scheduling Unit will contact counsel for the parties to inquire if all parties consent to have their matter heard in person.

Precautions will be taken to ensure the health and safety of all participants during in-person hearings:

The Court will continue to require courthouse entrants to complete a self-screening questionnaire and wear a mask or face covering before entering the courthouse.
Courtrooms used for in-person hearings will be modified to ensure that appropriate physical distancing or barriers separate all courtroom attendees.
The number of courtroom participants and public observers will be limited in accordance with health and safety recommendations.
The Court of Appeal and the Ministry of the Attorney General will continue to receive public health advice and will be prepared to return to hearing all matters remotely if necessary.

A matter not scheduled for an in-person hearing will proceed remotely, as scheduled.

The Court will be providing further details in the coming weeks regarding protocols for in-person hearings.

If you have any questions, please contact the Senior Legal Officer for the Court of Appeal at COA.SeniorLegalOfficer@ontario.ca