Effective June 15, 2023

Counsel and parties are advised to refer to the applicable Region-specific Practice Directions.

Part A.1: Commencing Divisional Court Proceedings

1. A party commencing a new application, appeal or motion in the Divisional Court shall file the Notice of Application, Notice of Appeal or Notice of Motion together with a completed Divisional Court Intake Form.
2. For urgent matters, immediately after receiving confirmation that a court file number has been assigned, the commencing party is responsible for informing all other parties of the file number unless the court directs otherwise.

1. Location of Proceedings

3. Counsel and parties shall commence a proceeding in the location determined by the following guidelines unless the court orders otherwise:
   1. Motions for leave to appeal under Rule 62.02 of the Rules of Civil Procedure must be commenced in the Toronto Divisional Court.
   2. Single-judge proceedings (as set out in para. 4) must be commenced in:
      • the Superior Court of Justice location where the order being appealed was made; or
      • the Superior Court of Justice location in the same city, county, district or regional municipality as the Small Claims Court where the order being appealed was made. (For example, an order made at the Richmond Hill Small Claims Court in York Region is appealed at the Newmarket location of the Superior Court of Justice.)
   3. All other types of Divisional Court proceeding must be commenced in the regional centre (as set out in Schedule A) corresponding to the court or tribunal location where the order being appealed or reviewed was made.
4. Proceedings before a single judge of the Divisional Court include the following:
   1. Appeals of final orders of an associate judge under s. 19(1)(c) of the Courts of Justice Act;
   2. Appeals of Small Claims Court final orders under s. 31 of the Courts of Justice Act;
   3. Motions for leave to appeal from tribunals that are not motions under Rule 62.02 of the Rules of Civil Procedure;
   4. Urgent applications for judicial review, with leave, under s. 6(2) of the Judicial Review Procedure Act;
   5. Matters heard and determined by a single judge under s. 21(2)(c) of the Courts of Justice Act; and
   6. Motions for interim relief.
5. If a party attempts to commence a proceeding in an improper location, the registrar may reject the originating document.
6. For panel appeals, documents are filed and in-person hearings are held at the regional centre in which the decision being challenged was made. Similarly, in applications for judicial review, documents are filed and in-person hearings are held at the regional centre for the region where the application is commenced. The list of regional centres and addresses is in Schedule A.

2. Required Information

7. Within two weeks of a party commencing an application, appeal or motion, the parties shall send an email to the Divisional Court setting out:
   1. Any preliminary issues;
   2. A draft proposed or agreed schedule for the exchange of court documents; and
   3. The proposed hearing length required (e.g. half a day for panel hearings).
8. Divisional Court email addresses are in Schedule A.

Part A.2: Filing

1. Online Filing for Toronto Divisional Court Matters

9. The Courts Digital Transformation (CDT) initiative is a digital justice solution that replaces existing non-integrated systems with an end to end solution that integrates the filing system, the case management system and Case Center. This digital solution will roll out in phases commencing with the Toronto Region, effective October 14, 2025, for all Family and Civil matters; including Bankruptcy, Commercial, contested Estates, the Small Claims Court and Divisional Court.
10. Electronic filing using the Ministry’s new “Ontario Courts Public Portal” (OCPP) replaces the Justice Services Online Portal. The OCPP is integrated with the new, internal case management platform. This internal platform, used by court staff to process filings, is now integrated with Case Center. This integration with Case Center will eliminate the need for parties and their representatives to upload already filed material into Case Center. Moving forward, new single upload of filed electronic documents for parties accepted for filing will be pushed automatically to Case Center by court staff for use before and during hearings.
11. All electronic court filings for Toronto Divisional Court matters must be submitted through the OCPP. Limited services are also available at the court office counter. All document submissions must comply with the Rules of Civil Procedure.
12. For counsel and parties, a new account will be required the first time OCPP is used. Counsel and parties should refer to section 1.2 of the OCPP User Guide for guidance on how to create an account and other guidance for using the OCPP. Counsel and parties can access those guides, the Quick Reference Guide and other resources including instructional videos to support use of the new portal here.
13. Counsel and parties must meet all filing deadlines set out in this practice direction to ensure that documents are available in Case Center in advance of the hearing. Counsel and parties are to review the hearing bundle in Case Center 24 hours before the hearing to ensure that material that have been filed with the court and are required for the hearing are present.
14. Documents filed with the court must comply with all applicable restrictions (e.g. page limits) and with the document naming protocol set out below.
15. Any PDF document filed through the Ontario Courts Public Portal, which will be pushed to Case Center by court staff, shall not exceed 500 pages.
16. Once accepted by the court registrar, a document will be considered to have been filed or issued on the date indicated in the confirmation sent by the registrar.
17. All confirmation and scheduling forms are to be submitted through OCPP.
18. If counsel or parties seek an urgent hearing, the form must be submitted through OCPP and flagged as time sensitive, and counsel must send an email to the appropriate trial coordination office alerting staff of the request. Counsel or parties should select this option only if they are submitting documents for a hearing or deadline that is three or fewer business days away, including a timeline for a step in the proceeding established by legislation, court rules, court practice or a court order that is three business days or fewer away. This helps court staff identify and prioritize time sensitive submissions. Documents submitted for a hearing or deadline that is four or more business days away are not considered time sensitive. This option will be automatically selected if the filing has already been deemed time sensitive by the court.
19. Some documents will continue to be uploaded into Case Center by the parties, such as compendiums and Participant Information forms. Once a document has been uploaded into the appropriate section of the Case Center bundle for their appearance, the expectation is that document is before the Court. Parties must ensure they do not delete a document after they have uploaded it to Case Center. You can learn more about Case Center on the court’s website here.
20. Counsel and parties may file documents in person or by email at the Divisional Court Toronto Trial Office where:
    1. The documents are sealed or support a sealing motion; or
    2. An accessibility or technology limitation is interfering with the electronic submission of the documents. Any person requiring accessibility services may contact the Accessibility Coordinator at the courthouse.
    3. Email address: scj-csj.divcourtmail@ontario.ca
    4. Divisional Court Toronto Trial Office location: 130 Queen Street West, 1st Floor Rm: 174, Toronto, ON M5H 2N6
21. Unless the court orders otherwise, where counsel and parties submit documents by email, they must:
    1. Retain in hardcopy original documents that were signed, certified or commissioned until the case is finally disposed of or, if no notice of appeal is served, the time for serving the notice has expired; and
    2. Promptly make the original document available for inspection and copying on the request of the court, the registrar or any party to the case.
22. Court fees are prescribed by regulation and are payable at the time a document with an associated fee is submitted to the court. See Paying Court Fees for more information.
23. For questions or help with electronic filing using OCPP, including fee payment through the portal, counsel and parties can contact the Court Services Division’s Contact Centre for Online Services by telephone or email:
    • CourtsPortal@ontario.ca
    • Tel: 647-438-0403
    • Toll-free: 1-800-980-4962
    • TTY: 416-368-4202
    • Toll-free TTY: 1-833-820-0714

2. Online Filing for All Other Regions Except Toronto

24. Counsel and parties outside of Toronto are expected to file Divisional Court documents through the Justice Services Online (JSO) portal: Civil Submissions Online. Limited services are also available at the court office counter. All document submissions must comply with the Rules of Civil Procedure.
25. Uploading a document to Case Center does not constitute filing of the document. Unless the court orders or a practice direction provides otherwise, only documents already filed with the court may be uploaded to Case Center.
26. Once accepted by the court registrar, a document will be considered to have been filed or issued on the date indicated in the confirmation sent by the registrar.
27. Documents filed with the court must include prior orders or endorsements relevant to the request being made.
28. Documents filed with the court must comply with all applicable restrictions (e.g. page limits) and with the document naming protocol set out below.

3. Document Naming Protocol

29. When submitting documents to the court in electronic format, the document name must be saved using the following protocol:
    1. Document type
    2. Type of party submitting the document
    3. Name of the party submitting the document (including initials if the name is not unique in the case)
    4. Date on which the document was created or signed, in the format DD-MMM-YYYY (e.g. 12-JAN-2021)
30. For example, documents should be saved as follows:
    • Expert Report – Defendant – Loblaws – 13-MAR-2021
    • Factum – Applicant – Wong – 21-NOV-2021
    • Affidavit for Divorce Form 36 – Applicant – A. Nathanson – 12-JAN-2023
31. Other examples of document names for the Divisional Court are set out in Schedule B.
32. Document names shall not include firm-specific naming conventions, abbreviations, file numbers or (except in Family cases) form numbers.

4. Help with Online Filing

33. For questions on electronic filing using Civil Submissions Online, including fee payment through the portal, counsel and parties can contact the Court Services Division’s Contact Centre for Online Services by telephone or email:
    • Toll-free: 1-800-980-4962
    • Tel: 647-438-0403
    • TTY: 416-368-4202
    • Toll-free TTY: 1-833-820-0714
    • CivilClaimsOnline@ontario.ca

5. Email and In Person Filing

34. Counsel and parties may file documents in person or by email at the Divisional Court regional centre (see Schedule A for email addresses) where:
    1. There is urgency, including requests for an urgent hearing;
    2. The documents are required for a hearing or deadline that is three business days or fewer away;
    3. The documents are sealed or support a sealing motion; or
    4. An accessibility or technology limitation is interfering with the electronic submission of the documents.
35. Any person requiring accessibility services may contact the Accessibility Coordinator at the courthouse.
36. Unless the court orders otherwise, where counsel and parties submit documents by email, they must:
    1. Retain in hardcopy original documents that were signed, certified or commissioned until the case is finally disposed of or, if no notice of appeal is served, the time for serving the notice has expired; and
    2. Promptly make the original document available for inspection and copying on the request of the court, the registrar or any party to the case.

6. Paying Court Fees

37. Court fees are prescribed by regulation and are payable at the time a document with an associated fee is submitted to the court:
    • Where a document is submitted through Civil Submissions Online, payment is made through the portal.
    • Where a document is submitted in person, payment is made in person.
    • Where a document is submitted by email or mail, payment can be made over the phone through a secure credit card transaction. Payment can also be made by mail using a cheque. The cheque must be processed before the document will be accepted for filing and/or issuance. Court office phone numbers and mailing addresses are on the Ministry of the Attorney General’s website.
38. Cheque payments must be made out to the Minister of Finance and, if mailed or couriered, must be accompanied by a letter indicating the court file number, title of proceeding, the document that was filed, date of the filing, the party who filed the document and the name of counsel (if any).
39. Parties who cannot afford to pay court fees may request a fee waiver. Information about requesting a fee waiver can be found in the Ministry of the Attorney General’s Court Fee Waiver Guide and Forms. Fee waivers only apply to fees not yet paid.

Part B: Communicating with the Court

40. Counsel and parties (including self-represented persons) shall not communicate directly with a judge unless the court orders otherwise. Instead, they may communicate with the court filing and trial coordination offices by email:
    • For Divisional Court matters, see Schedule A for the appropriate contact information.
41. When communicating by email with court staff, counsel and parties must:
    1. Include the following information in the subject line:
       • Level of court (S.C.J. or Div. Ct.)
       • Type of matter
         • For Divisional Court proceedings: appeal, application, motion or case conference
       • Court file number (indicate NEW if no court file number exists)
       • Originating court location
       • Type of document (e.g. motion, conference brief or another request)
       • Short title of proceedings
       • Date of hearing, if set
    2. Include in the body of the email the following information:
       • Court file number (indicate NEW if no court file number exists)
       • Short title of proceedings
       • Date of hearing, if set
       • List of documents attached
       • Type of request
       • The sender’s name, role (counsel, representative or party) and contact information (email and phone number)
42. Counsel and parties must copy all other parties on emails and letters they send to the court.

Part C: Case Center

43. Case Center is an online platform where judges, parties and court staff view electronic documents for court hearings. This Part sets out requirements specific to Divisional Court hearings using Case Center.
44. Case Center is used differently depending on the region:
    • In Toronto, documents submitted through the Ontario Courts Public Portal (“OCPP”) portal and accepted for filing by the registrar will automatically be placed in Case Center. Documents not filed with the court, such as compendiums and participant information forms, must be uploaded by the parties into Case Center.
    • In all other regions, counsel and parties must upload court documents to Case Center as set out below.
45. Information on Case Center, including how to access Case Center, upload to Case Center, use Case Center effectively during court appearances and access support for Case Center, is available on the Superior Court of Justice’s website here.

1. Uploading Documents to Case Center

46. Uploading a document to Case Center does not constitute filing of the document. Unless the court orders or a practice direction provides otherwise, only documents already filed with the court may be uploaded to Case Center. See Part A.2(1) for directions on online filing.
47. The parties shall comply with the court’s directions for making court documents available for the hearing using Case Center. If a party has difficulties with the process, the party may email the court and all other parties, setting out the issue. The court may direct a case conference or provide other directions.
48. Where there is a difference between the filed version of a document and the version uploaded to Case Center, the filed version prevails.
49. All court documents must be uploaded to Case Center regardless of whether the hearing is virtual or in person.
50. Unless the court orders otherwise, a document must be uploaded promptly after receiving confirmation from the court that it has been accepted for filing or as soon as practicable after the party has been invited into the Case Center case. In any event, documents must be uploaded at least four weeks before the hearing date. This deadline takes precedence over deadlines set out in Rule 4.05.3 of the Rules of Civil Procedure.
51. Documents must be named in accordance with the Document Naming Protocol in Part A.2(2).
52. Counsel and parties must upload documents into the appropriate section of the appropriate bundle, as follows:
    1. Upload into the pleadings bundle:
       1. All pleadings.
    2. Upload into the orders and endorsements bundle:
       1. Orders and endorsements. Counsel and parties must ensure that all previous, relevant orders and endorsements are uploaded. If neither party is represented by counsel, assistance is available from the filing office to help upload these documents into Case Center.
    3. Upload into the bundle created for the hearing:
       1. All material filed for the hearing.
       2. Compendium. Each party must upload a compendium for oral argument containing key materials (e.g. fair extracts of documents, transcripts, previous orders, etc.). The compendium shall include a table of contents hyperlinked to the sections within it and hyperlinked to the cited authorities. Where a portion of a case is included in a compendium, the title of the proceeding and headnote shall be included as well. Where documents from the record are included in a compendium, the first page of the document and identification of where it is located in the record, by reference to Case Center page number, shall be provided.
       3. Costs submissions. Unless the court has directed an earlier deadline, at least one week before the hearing, the parties must upload an agreement on costs or their bills of costs or their costs outlines, at least one week before the hearing.
       4. A participant information form providing the names of counsel and self-represented parties, how they wish to be addressed and the estimated time for oral submissions. This document is only uploaded to Case Center. It is not filed with the court.
       5. Exhibits. Counsel and parties shall upload documents they will seek to have entered as exhibits. Each document must be uploaded separately because the registrar can only add one electronic exhibit stamp per document.

Documents must be uploaded so that they are displayed in the hearing bundle in the following sequence:

1. 1. 1. 1. Factum
         2. Application Record/Appeal Book and Compendium/Motion Record
         3. Transcripts, if any
         4. Exhibit Books, if any
         5. Abbreviated Book of Authorities, if any
         6. Bill of Costs/Costs Outline, if any
         7. Participant Information Form
         8. Oral hearing Compendium, if any
         9. Other documents, if any and if permitted under the Rules of Civil Procedure.

53. Counsel and parties shall not upload documents into the master bundle.
54. A document uploaded to Case Center shall not exceed 500 pages.
55. Appeal Books and Records shall be filed using the minimum number of volumes, each no longer than 500 pages.
56. A document uploaded to Case Center is before the court. Counsel and parties shall not delete a document once it has been uploaded to Case Center.
57. A party’s factum shall hyperlink authorities as set out in Part J(2) of this practice direction. Each party’s book of authorities shall comply with Part J(3).
58. The indexes to all records should include hyperlinked bookmarks.
59. Counsel and parties must upload documents as PDFs using the “Import Bookmarks” feature so that the bookmarks will be retained in Case Center after upload. Individual tabs of books, records and briefs shall not be uploaded as separate documents on Case Center. Exceptions are:
    1. Draft orders must be uploaded in an editable, Word format; and
    2. Factums must be uploaded in Word format.
60. Counsel and parties shall ensure that documents they upload to Case Center comply with the Rules of Civil Procedure and are properly before the court. Parties may depart from the Rules of Civil Procedure only if a judge grants them leave to do so.
61. The following documents shall not be uploaded to Case Center:
    1. Unredacted versions of documents that are, or are proposed to be, the subject of a sealing order.

Although the notice of motion for the sealing order can be uploaded after it is filed, the unredacted document proposed to be sealed must be emailed to the Divisional Court regional centre, identifying:

• • • The case name,
    • Court file number,
    • Hearing date (if assigned), and
    • A request that the document be forwarded to the presiding judge or associate judge as a sealing order is being sought.

If the hearing takes place by telephone or videoconference, immediately following the granting of the sealing order, the moving party must enclose an unredacted version of the document in a sealed envelope, append the court order/endorsement to the envelope and file it in hardcopy at the court office for inclusion in the court file.

1. 2. Unredacted motion materials for motions for removal as lawyer of record under Rules 15.04(1.2) and (1.3) of the Rules of Civil Procedure.

Counsel shall email these documents to the Divisional Court regional centre for delivery to the judicial official, unless a regional practice direction provides for another method of delivery. Counsel shall upload the redacted motion materials to Case Center.

62. Appeals and applications for judicial review are generally conducted solely on the record that was before the court or tribunal whose decision is under appeal or review. Generally, parties are not permitted to add to the record unless they obtain an order from the Divisional Court.
63. If a party uploads to Case Center documents that are not properly before the Divisional Court, the court may strike out the documents, with or without leave to bring a motion to put the evidence properly before the court. The court may order costs against the party that improperly uploaded the documents.
64. Counsel and parties should identify any documents that have been inappropriately uploaded by opposing parties by making a “widely shared” case note in Case Center specifying the document and why it should not have been uploaded. Where a confirmation form is required for the hearing, any documents that have been improperly uploaded should be noted on that form.

2. Using Case Center During a Hearing

65. At a hearing, counsel and parties must use Case Center bundles and Case Center-generated page numbers when referring to documents. Counsel and parties must also use the “Direct Others to Page” function when presenting documents.
66. More information on how to use Case Center during a hearing can be found on the Superior Court of Justice’s website here.

3. Release of Orders and Endorsements

67. Where the court held a hearing using Case Center, court staff will release orders and endorsements to the parties by uploading them to Case Center instead of sending them by email, subject to any direction from the court. Counsel and parties can find these documents by accessing the orders and endorsements bundle in Case Center.

Part D: Motions

1. Motions for Leave to Appeal Under Rule 62.02

68. Motions for leave to appeal under Rule 62.02 of the Rules of Civil Procedure arise from:
    1. Interlocutory orders of a judge under s. 19(1)(b) of the Courts of Justice Act; and
    2. Final orders of a judge pertaining to costs under ss. 19(1)(a) and 133(b) of the Courts of Justice Act.
69. All Rule 62.02 motions for leave to appeal are heard by a panel of three judges in the Toronto Region in writing and without in-person attendance. When filing a Rule 62.02 motion online, the moving party shall select “Toronto Divisional Court.”
70. In Rule 62.02 motion materials:
    1. Parties shall refer to themselves as “the moving party” or the “responding party”;
    2. The Motion Record shall include a copy of the signed and entered order from which leave to appeal is sought; and
    3. If costs are sought in the motion, the moving and responding parties’ Motion Records must include costs submissions. The costs submissions should include the proposed quantum of costs (win or lose) and a costs outline (Form 57B).

2. Motions for a Stay, Interim Order or to Set Aside a Stay

71. A party seeking a stay of all, or part, of an order being challenged in the Divisional Court should raise this issue with the court at the earliest opportunity, generally when first contacting the court to request a hearing. The request for a stay may give rise to a case conference.
72. A judge may grant or decline a stay by case management direction. Alternatively, a judge may direct that a motion be brought for a stay or to set aside a stay, on such schedule and terms as the judge considers just. The judge may consider the parties’ positions on scheduling the underlying case in deciding what process to follow and whether to grant or set aside a stay and on what terms.
73. Where a party is seeking a stay, the party is expected to serve their materials and participate in the hearing or a case conference as quickly as reasonably possible to minimize the prejudice of any stay the court may grant. Where a responding party opposes a stay, the party is expected to prepare its responding materials and participate in the hearing or a case conference as quickly as reasonably possible to either obviate the need for a stay or minimize the prejudice of granting or refusing a stay.
74. For automatic stays of residential eviction orders under Rule 63.01(3) of the Rules of Civil Procedure, see Part I, below. Automatic stays may also be available under other rules or legislation.
75. This section applies, with any necessary changes, to requests for interim orders under s. 134(2) of the Courts of Justice Act.

Part E: Mode of Proceeding

76. Part E of the Consolidated Provincial Practice Direction for Civil Proceedings sets out general guidance on the mode in which court proceedings will occur: in-person, virtual or in writing.
77. The following guidelines set out the default mode of appearance for Divisional Court hearings:

1. Motions for leave to appeal

All motions for leave to appeal to the Divisional Court shall be held in writing unless the court orders otherwise.

2.  Single-judge hearings

All single-judge hearings, conferences and motions (except motions for leave to appeal) shall be held virtually unless a party requests that it be held in person and the court agrees or the court directs that it shall be held in person.

3. Panel hearings

All three-judge hearings shall be held in person unless a party requests that it be held virtually and the court agrees or the court directs that it shall be held virtually.

78. At least 30 days before a panel hearing, parties may make a request regarding the mode of hearing by providing the following information in an email to the Divisional Court:
    1. Subject line to begin “Mode of Hearing” and include the short title of proceedings and court file number;
    2. Hearing date; and
    3. The agreed mode of hearing (in person or virtual) or, if the parties do not agree, the requested mode by each party together with a few sentences of reasons.
79. For all matters heard by a panel of three judges, the parties will be notified of the mode of the hearing (in-person or virtual).
80. The court office will send parties a conference call number for teleconferences. The court office will send parties videoconference or Zoom links for virtual hearings via email or by uploading the link to Case Center.
81. Counsel may share links or teleconference numbers with their clients and other members of their firm. If counsel or parties anticipate broad media attention or public interest, they should advise the court well in advance so arrangements can be made to accommodate a large viewing audience.

Part F: Virtual Hearings

1. Preparing for a Virtual Hearing

82. To ensure virtual hearings run smoothly, participants should consult the court’s guidance (including testing internet connectivity and having a charger available during the hearing).

2. Virtual Hearing Etiquette

83. All participants and members of the public in a virtual hearing must conduct themselves as if they were physically in the courtroom and must observe the Virtual Courtroom Etiquette Rules.
84. To improve the quality of the court recording, participants should:
    • Mute themselves when not addressing the court to prevent audio distortion;
    • Have necessary documents ready in advance and not shuffle papers near the microphone;
    • Avoid putting the teleconference line on hold as it causes a loud beeping sound in the main conference; and
    • Avoid using speaker phone when dialing-in as it may cause audio quality issues.

3. Public and Media Access to Virtual Hearings

85. Members of the public and media may consult the court's direction on access to virtual court hearings here.
86. Certain proceedings, such as conferences involving settlement discussions or child protection orders, may be closed to the media and public by legislation or court order.

4. Illegal Conduct During a Virtual Hearing

87. Participants and observers shall not record, take photos, screen capture, broadcast or livestream any part of a court proceeding unless it is expressly authorized by the presiding judicial officer.  It is an offence under s. 136 of the Courts of Justice Act to do so and violators may also be charged with an offence under the Criminal Code.
88. Disruptive conduct during a virtual court hearing may be an offence under the Criminal Code or may constitute contempt of court (e.g. racist comments or threats to harm a person).

Part G: Triage and Case Management

89. All proceedings and motions in Divisional Court may be subject to judicial case management. The purpose of case management is to facilitate access to justice through timely adjudication in a cost-effective and proportional manner.
90. All proceedings and motions in Divisional Court may be subject to judicial triage at their commencement. The triaging judge may give directions on matters such as (a) jurisdiction, (b) timeliness, (c) prematurity, (d) identification of proper parties, and (e) any other issue that, in the opinion of the judge, ought to be addressed with the parties. Triaging does not preclude a party from raising preliminary issues with the court.
91. A triaging judge may require a case management conference at which he or she will preside. Court staff will schedule the case management conference. The triage judge is not seized of case management unless the triage judge directs.
92. A triage or case management judge may give directions regarding the conduct of a matter and those directions are orders of the court.
93. Any timetable or deadline set through case management supersedes the deadlines set in the Rules of Civil Procedure.
94. Unless the presiding judge orders otherwise, there shall be no costs associated with triage or case management. This principle is without prejudice to a party claiming costs in respect of the preparation of materials for use at the hearing of the underlying proceeding or step in the proceeding. For example, an initial request to bring a proceeding in Divisional Court will not ordinarily give rise to an award of costs, but the preparation of the Notice of Appeal, Notice of Application or Notice of Motion is subject to costs in the ordinary manner.

Part H: Self-Represented Persons

95. Self-represented persons are expected to familiarize themselves with all relevant procedures, including this practice direction.
96. If a self-represented person is unable to conduct a case in accordance with the relevant procedures, the self-represented person shall advise the court and ask if there are alternatives. The request should be made promptly and can be submitted to the email address corresponding to the judicial region where the matter is being heard: see Schedule A.
97. Litigants with a disability may request accommodation. Accessibility information and resources can be found on the Ministry of the Attorney General’s website here.
98. In preparing materials for an appeal or application for judicial review, self-represented persons are encouraged to refer to resources for the public on the Superior Court of Justice’s website here.

Part I: Appeals from the Landlord and Tenant Board

99. This Part governs appeals from decisions of the Landlord and Tenant Board pursuant to s. 210 of the Residential Tenancies Act, 2006(the RTA).

1. Delivery of Notice of Appeal

100. The appellant shall “deliver” a Notice of Appeal. A Notice of Appeal is delivered by:
     1. Serving the Notice of Appeal and the appellant’s certificate respecting evidence on the Landlord and Tenant Board and on the landlord(s); and
     2. Submitting the Notice of Appeal together with proof of service of the Notice of Appeal to the appropriate Divisional Court location. (See information on commencing proceedings and filing documents in Parts A.1 and A.2.)
101. A Notice of Appeal shall be in Form 61A.1 and an appellant’s certificate respecting evidence shall be in Form 61C. These forms are available on the Ontario Court Forms website.

2. Required Information in the Notice of Appeal

102. The Notice of Appeal must include the following information:
     1. The name and address for service of the tenant including a working email address if the tenant has one;
     2. The name and address for service of the landlord including a working email address if the landlord has one;
     3. The address for service used by the tenant to give notice of the appeal to the Landlord and Tenant Board;
     4. Particulars of the decision(s) being appealed including:
        1. The date of the decision;
        2. The name of the decision-maker;
        3. The file number of the Landlord and Tenant Board proceeding;
        4. The location where the Landlord and Tenant Board proceeding took place; and
        5. Any neutral citations for the decision being appealed, expressed as follows: “[YEAR] ONLTB ###”. For example: 2002 ONLTB 1234; and
     5. The address (including postal code) of the residence that is the subject-matter of the tenancy.
103. If the Notice of Appeal has been submitted online to the court, the registrar shall confirm receipt to all parties at the email addresses for service identified on the Notice of Appeal, provided that the Notice of Appeal contains the required information and there is a proper appellant’s certificate respecting evidence. If the Notice of Appeal has been received in person at a court office, the party can receive a stamped “filed” copy.

3. Requisitioning a Certificate of Stay

104. As set out in Rule 63.01(3) of the Rules of Civil Procedure, the “delivery of a Notice of Appeal” from an order under the RTAstays, until the disposition of the appeal, any provision of the order (a) declaring a tenancy agreement terminated or evicting a person, or (b) terminating a member’s occupancy of a member unit in a non-profit housing cooperative or evicting the member. This stay may be lifted by the court under Rule 63.01 (5).
105. Where a party wishes to obtain a “Certificate of Stay” certifying that the decision of the Landlord and Tenant Board has been stayed pending appeal pursuant to Rule 63.01(3) of the Rules of Civil Procedure, the party shall provide the court with a completed Requisition for a Certificate of Stay of a Landlord and Tenant Board Decision (“Requisition for a Stay LLTB”) in the form attached to this practice direction as Schedule C.
106. A party may provide the Requisition for a Stay LLTB to the court in the same way and at the same time as a Notice of Appeal and appellant’s certificate respecting evidence.
107. On receiving a completed Requisition for a Stay LLTB in respect of an appeal previously commenced, or on receiving a Requisition at the same time as receipt of a Notice of Appeal and appellant’s certificate respecting evidence complying with this Consolidated Practice Direction, the registrar shall issue a certificate of stay and:
     1. If the Requisition was received online, shall transmit a copy of the certificate of stay to all parties to their addresses for service identified on the Notice of Appeal by email; or
     2. If the Requisition was received in person at a courthouse, shall provide an original issued copy of the certificate to the appellant.
108. The court may give case management directions requiring payment of ongoing rent and payment of or on account of arrears. If there is a default, the court may lift the stay.

4. Appellant Must Provide Certificate of Stay to the Sheriff

109. It is the responsibility of the appellant to ensure that the Sheriff (Civil Enforcement Office) receives the certificate of stay in order to vacate any eviction date that is scheduled with the Sheriff. The appellant should confirm with the Sheriff that the certificate of stay has been received and that the Sheriff knows that the eviction order has been stayed. Appellants should provide the Sheriff with a copy of the certificate of stay directly if requested to do so by the Sheriff.

5. Requests to Set Aside Stays

110. A respondent wishing to make a request to lift a stay of an order of the Landlord and Tenant Board pursuant to Rule 63.01(5) may request a case conference or request the court to schedule a motion.
111. The request to schedule a motion to lift a stay must be submitted to the court using the Justice Services Online (JSO) portal: Civil Submissions Online. The respondent must submit the Divisional Court Intake Form together with a copy of the Notice of Motion and the certificate of stay respecting the appeal. On the Divisional Court Intake Form, the respondent must briefly explain the reason(s) why the respondent is seeking to have the stay lifted. If these reasons include non-payment of rent, the form should include a brief accounting of the rent. The court will then give written directions and/or schedule a case conference or motion respecting the request to set aside the stay.

6. Timely Pursuit of Appeal

112. All appellants must move their appeals forward in a timely way. An appellant with a stay pending appeal must move their appeal forward even more promptly.
113. Unless the appellant is not relying on what transpired at the hearing before the Landlord and Tenant Board in the appeal, the appellant must request the audio recording of the hearing from the Board within 15 days after the commencement of the appeal. The appellant must promptly have the transcript prepared upon receipt of the audio recording.
114. A case management judge may impose a schedule for obtaining transcripts and serving appeal materials that reflects these principles. Where a party fails to comply with the court’s directed schedule, a judge may, for this reason, order that a stay be set aside and the appeal be quashed.

Part J: General Provisions

1. Ensuring the Integrity of Scheduled Hearings

Accurate Time Estimates

115. The court expects counsel and parties to provide accurate estimates of the time they will require for oral argument. They must give careful consideration to what must be covered in the hearing, including:
     1. The number of issues that can properly be dealt with in oral argument;
     2. The pace at which documents and authorities can reasonably be reviewed; and
     3. The number of authorities actually required to establish the party’s legal propositions.
116. Inaccurate estimates of time may result in the court adjourning the case (before or during the hearing) and rescheduling it with a realistic time estimate and no expedition of the new date. There may also be cost consequences.

Hearing Dates

117. When the court sets a date for a hearing, the hearing is expected to take place on that date.

Presumption of Commitment

118. By agreeing to a hearing date, counsel and parties are presumed to have committed to the date and shall avoid any other commitments that would make their appearance impossible.

Duty to Inform of Previous Commitments

119. When agreeing to a hearing date, counsel and parties have a duty to disclose previous commitments that pose a conflict.

Materials Relied Upon Must Be Referenced During Hearing

120. Counsel and parties must succinctly make their entire argument during the oral hearing. They must bring all material facts and authorities upon which they rely to the attention of the court. It is not sufficient merely to upload materials to Case Center.
121. Materials not brought to the attention of the court at the hearing may not be considered. Judicial officers’ judgment writing time is not sufficient for it to be used as an extension of the time allocated to counsel for oral argument.

2. Factums

122. A factum should only include cases that counsel or the party intends to refer to in oral argument.
123. A factum must hyperlink authorities to a publicly accessible website whenever the authorities are available on such a website (e.g. CanLII).
124. A factum must include paragraph references for each case citation, with hyperlinks to the applicable paragraph. A Factum must use neutral citations whenever they are available (e.g. 2010 ONSC 1).

3. Books of Authorities

125. When a factum contains hyperlinks to a publicly accessible website for all authorities, a book of authorities is not necessary.
126. A book of authorities must be filed online in PDF format. The book of authorities must include a table of contents with internal hyperlinks to the texts contained within it.
127. Authorities available on a publicly accessible website shall be provided only as links in the table of contents to the website.
128. A book of authorities shall contain texts that are not available on a publicly accessible website, such as (1) unreported decisions, (2) excerpts from textbooks and (3) decisions only available on approved private electronic databases. “Approved private electronic databases” are private databases that are dedicated to the publication of judicial decisions (e.g. LexisNexis Quicklaw and Westlaw).
     • In Divisional Court matters, the book of authorities shall include the full text of all authorities it contains, unless the court orders otherwise.
129. Judicial decisions posted on electronic databases may be subject to editing within a few days of the initial posting. As a result, counsel and parties should provide the date that they obtained a decision from an electronic database as part of the citation information and verify that the decision has not been amended.

4. Gowning

130. The Superior Court of Justice’s gowning requirements for counsel are here.
131. Counsel must gown for a virtual proceeding that would require gowning if conducted in person.
132. Gowning requirements apply regardless of whether the presiding judicial officer is a judge or an associate judge.

Attire Modification

133. Counsel with personal circumstances (including pregnancy, a medical condition or disability) may modify the traditional court attire to accommodate their personal circumstances, including dispensing with a waistcoat and tabs. Modified attire must be dark in colour and consistent with court decorum.
134. Counsel wearing modified attire should advise the court registrar before the opening of court that they are dressed in accordance with this practice direction. This notice ensures that counsel do not need to discuss their personal circumstances or modified attire in open court.

5. Accessing Court Transcripts

135. A request for an official transcript of a court proceeding may be made by following the procedure set out on the Ministry of the Attorney General’s website.
136. If the authorized court transcriptionist is unable to access the recording to make a transcript, any person may make a motion to the presiding judicial officer to request access.
137. Unless a judge orders otherwise, no transcripts are available to anyone, including the parties, for case management, settlement and trial management conferences.
138. When the public is excluded from court proceedings (known as in cameraproceedings), the public shall not have access to records relating to that portion of the proceedings, except by court order.

6. Accessing Digital Court Recordings

139. Information on accessing digital recordings is here.

7. Electronic Devices in the Courtroom

140. Information on the rules relating to the use of electronic devices in the courtroom is here.

8. Publication Bans

Application

141. This section governs all applications or motions for discretionary publication bans. It does not apply to publication bans mandated by statute (i.e. those operating automatically by statute or that a statute provides are mandatory on request).

Formal Notice of Application/Motion Required

142. Unless the court orders otherwise, a person seeking a discretionary order restricting publication of a Superior Court of Justice proceeding must serve and file a notice of motion or notice of application and any supporting materials, in accordance with the applicable procedural rules.

Notification of the Media

143. Unless the court orders otherwise, the person seeking the publication ban (the requesting party) must provide notice to the media by completing and submitting a Notice of Request for Publication Ban.
144. The notice period for submitting a Notice of Request for Publication Ban is the same as the notice period under the applicable procedural rules for serving and filing a notice of motion.
145. The information in the Notice of Request for Publication Ban will be distributed electronically to members of the media who have subscribed to receive notice of all publication ban applications/motions in the Superior Court of Justice.
146. The court may require the requesting party to produce a copy of the Notice of Request for Publication Ban at the hearing of the application/motion to establish there was proper notice to the media.
147. Any member of the media who wishes to receive copies of the notices prepared under this section may submit a request through the Superior Court of Justice’s website.

9. Manner of Address for Judges and Associate Judges

148. Counsel and parties should address judges and associate judges in English as “Your Honour” and in French as “Votre Honneur.”

10. Orders

149. Judgments, endorsements and orders are effective as of the date the court makes them unless the judgment, endorsement or order states otherwise.
150. Where a draft order is submitted online for issuing and entering, the registrar can electronically issue the order and email it to the requesting party. Attending in person at the court counter to have an order issued and entered is not recommended unless there is urgency.
151. An issued and entered order is required for an appeal to the Court of Appeal for Ontario or the Divisional Court.

11. Reserved Decisions

152. If a judicial officer does not release a decision or endorsement within the timeframe provided by the judicial officer or as required under s. 123 of the Courts of Justice Act, and if the parties have not been advised that the Regional Senior Judge or Chief Justice has granted an extension, counsel or parties should make reasonable inquiries with the appropriate court office. If, after reasonable inquiries, the decision is still not released and no extension or explanation is forthcoming, counsel and parties are advised to write to the Regional Senior Judge.

Geoffrey B. Morawetz

Chief Justice

Ontario Superior Court of Justice

Date March 17, 2026

Schedule A: Judicial Region Contact Information

Schedule B: Divisional Court Case Center Naming Convention

Applicant

Factum – Applicant – ABC Inc. – 01-JAN-2021

Application Record – Applicant – ABC Inc. – 01-JAN-2021

Supplementary Application Record – Applicant – ABC Inc. – 01-JAN-2021

Oral Argument Compendium – Applicant – ABC Inc. – 01-JAN-2021

Book of Authorities– Applicant – ABC Inc. – 01-JAN-2021

Transcript Brief – Applicant – ABC Inc. – 01-JAN-2021

Exhibit Book – Applicant – ABC Inc. – 01-JAN-2021

Counsel Slip – Applicant – ABC Inc. – 01-JAN-2021

Cost Outline – Applicant – ABC Inc. – 01-JAN-2021  

Appellant Factum – Appellant – ABC Inc. – 01-JAN-2021

Appeal Book and Compendium – Appellant – ABC Inc. – 01-JAN-2021

Oral Argument Compendium – Appellant – ABC Inc. – 01-JAN-2021

Book of Authorities – Appellant – ABC Inc. – 01-JAN-2021

Transcript Brief – Appellant – ABC Inc. – 01-JAN-2021

Exhibit Book – Appellant – ABC Inc. – 01-JAN-2021

Counsel Slip – Appellant – ABC Inc. – 01-JAN-2021

Appellant’s Cost Outline – Appellant – ABC Inc. – 01-JAN-2021

Moving party

Factum – Moving Party – ABC Inc. – 01-JAN-2021

Motion Record – Moving Party – ABC Inc. – 01-JAN-2021

Oral Argument Compendium – Moving Party – ABC Inc. – 01-JAN-2021

Book of Authorities – Moving Party – ABC Inc. – 01-JAN-2021

Counsel Slip – Moving Party – ABC Inc. – 01-JAN-2021

Cost Outlines – Moving Party – ABC Inc. – 01-JAN-2021

Tribunal

Record of Proceedings – ABC Board – 01-JAN-2021  

Respondent Factum – Respondent – Smith – 01-JAN-2021

Responding Record — Respondent – Smith – 01-JAN-2021

Supplementary Respondent Record — Respondent – Smith – 01-JAN-2021

Responding Appeal Book and Compendium – Respondent – Smith – 01-JAN-2021

Oral Argument Compendium – Respondent – Smith – 01-JAN-2021

Book of Authorities – Respondent – Smith – 01-JAN-2021

Transcript Brief – Respondent – Smith – 01-JAN-2021

Exhibit Book – Respondent – Smith – 01-JAN-2021

Counsel Slip – Respondent – Smith – 01-JAN-2021

Cost Outline – Respondent – Smith – 01-JAN-2021  

Additional documents not specifically identified in this Schedule shall be named by analogy.  

Schedule C: Requisition for a Certificate of Stay of LLTB Decision

Link to Requisition for a Certificate of Stay of Landlord and Tenant Board Decision