Last updated: March 17, 2026

This practice direction applies to civil court proceedings (except Divisional Court and Small Claims Court proceedings) in the Ontario Superior Court of Justice province-wide. It replaces all previous consolidated provincial practice directions and provincial notices to the profession, parties, public and media.

Counsel and parties should also refer to the applicable region-specific practice directions. In particular, for directions related to filing and uploading to Case Center, counsel and parties in Toronto must refer to the Toronto Regional Practice Direction because the Ontario Courts Public Portal has replaced the Justice Services Online filing platform in Toronto. The directions on filing and Case Center set out in this practice direction continue to apply to all other regions.

 

Part A: Filing

1. Online Filing

1. Counsel and parties in civil matters are expected to file or request issuance of their documents through the online portals provided by the Ministry of the Attorney General through its Justice Services Online (JSO) platforms: Civil Claims Online and Civil Submissions Online. Limited services are also available at the court office counter. All document submissions must comply with the Rules of Civil Procedure.
2. 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.
3. Once accepted by the registrar, a document will be considered to have been filed or issued on the date indicated on the document by the registrar or filing software, or in the confirmation sent by the registrar.
4. Documents filed with the court must include prior orders or endorsements relevant to the request being made.
5. Information on filing applications for Estates Certificates is located at Part I of this practice direction.
6. Documents filed with the court must comply with all applicable restrictions (e.g. page limits) and with the document naming protocol set out below.

2. Document Naming Protocol

7. When submitting documents to the court in electronic format, the document name must be saved using the following protocol:
   • Document type
   • Type of party submitting the document
   • Name of the party submitting the document (including initials if the name is not unique in the case)
   • Date on which the document was created or signed, in the format DD-MMM-YYYY (e.g. 12-JAN-2021)
8. 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
9. Document names shall not include firm-specific naming conventions, abbreviations, file numbers or (except in Family cases) form numbers.

3. Help with Online Filing

10. For questions on electronic filing using Civil Claims Online, Civil Submissions Online, or Bankruptcy Submissions Online, including fee payment through these portals, 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

4. Email and In Person Filing

11. Counsel and parties may file documents in person at the court office or by email (using the email addresses indicated in each region’s practice direction) 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.
12. Any person requiring accessibility services may contact the Accessibility Coordinator at the courthouse.
13. 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.

5. Paying Court Fees

14. 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 or Civil Claims 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.
15. 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).
16. 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

17. 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 Civil matters, the regional practice directions indicate the appropriate contact information.
18. 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 Civil proceedings: civil, commercial list or estates
       • 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 proceeding
       • 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 proceeding
       • 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)
19. Counsel and parties must copy all other parties on emails and letters they send to the court.

Part C: Case Center

20. 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 civil hearings using Case Center.
21. 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.
22. The following directions regarding Case Center do not apply in the Toronto Region. Counsel and parties must refer to the Consolidated Practice Direction for the Toronto Region for information about using the Ontario Court Public Portal.

A. Uploading Documents to Case Center

23. 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.
24. Where there is a difference between the filed version of a document and the version uploaded to Case Center, the filed version prevails.
25. All court documents must be uploaded to Case Center regardless of whether the hearing is virtual or in person.
26. 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.
27. Documents must be named in accordance with the Document Naming Protocol at Part A(2).
28. 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 documents filed for the hearing (e.g. factums, motion records, transcripts, etc.).
       2. Compendium. In accordance with Rule 4.05.3(3) of the Rules of Civil Procedure, 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 the 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.

1. 1. 3. 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 form is only uploaded to Case Center. It is not filed with the court.
      4. Exhibits. Counsel and parties shall upload documents they 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. Motion Record/Application Record/Trial Record and Compendium
         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. Other documents, if any and if permitted under the Rules of Civil Procedure.

29. Counsel and parties shall not upload documents into the master bundle.
30. A document uploaded to Case Center shall not exceed 500 pages.
31. 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.
32. 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).
33. Counsel and parties must upload documents as PDFs using the “Import Bookmarks” feature so that bookmarks will be retained in Case Center after upload. Exceptions are:
    1. Draft orders must be uploaded in an editable, Word format; and
    2. Factums must be uploaded in Word format.
34. 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.
35. 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.
    2. 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 trial coordination office, identifying:
       1. The case name,
       2. Court file number,
       3. Hearing date (if assigned), and
       4. 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. 3. 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 trial coordination office for delivery to the judicial officer, unless a regional practice direction provides for another method of delivery. Counsel shall upload the redacted motion materials to Case Center.

36. 4. Unredacted motion or application materials where a motion or application requires redaction pursuant to Rule 7.08(4.2) and Rule 7.08(4.3). Counsel shall email these documents to the trial coordination office for delivery to the judicial official, unless a regional practice direction provides for another method of delivery. Counsel shall upload the redacted motion or application materials to Case Center.

36. Counsel and parties should identify 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 a hearing, documents that have been improperly uploaded should be noted on that form.

B. Using Case Center During a Hearing

37. 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.
38. More information on how to use Case Center during a hearing can be found on the Superior Court of Justice’s website here.

C. Release of Orders and Endorsements

39. 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. Short and Long Motion Times in Each Region

40. The regional practice directions outline the times for short and long motions.

2. Factums for Motions

41. Within all judicial regions:
    1. Factums are required for long motions and encouraged for all other motions unless the court orders otherwise.
    2. No factum shall exceed 20 pages, unless the court grants leave.
42. The time for service and filing of factums is the same as the time set out in the Rules of Civil Procedure for other motion materials, unless a region-specific practice direction prevails.

3. Motions to Transfer Under Rule 13.1.02

43. The Regional Senior Judge, or his or her designate, will hear all motions to transfer brought by a party under Rule 13.1.02. A judge or associate judge sitting in the county in which the proceeding was commenced may, on their own initiative at a case conference, make an order to transfer the proceeding to another county pursuant to Rule 13.1.02(4).
44. Counsel and parties shall bring motions to transfer under Rule 13.1.02 in writing only. The high volume of motions to transfer does not permit them to be heard orally except with permission of the court.
45. The consent of all parties is insufficient to justify a motion to transfer under Rule 13.1.02. The onus rests with the moving party to satisfy the court that a transfer is desirable in the interest of justice, having regard to the factors listed in Rule 13.1.02(2)(b).
46. Rule 13.1.02 cannot be used to transfer a proceeding to a foreign country. It is solely used to transfer a proceeding to a different county within Ontario.
47. The moving party should bring a motion to transfer at the court location to which the moving party seeks to have the proceeding transferred. The moving party must file a Notice of Motion with a supporting affidavit, as required under Rule 13.1.02(2). The moving party’s affidavit must address the factors listed in Rule 13.1.02(2)(b) and, as part of the relevant matters, must identify the current stage of the proceeding (i.e. whether further motions are anticipated in the proceeding, whether a pre-trial has occurred or is scheduled, and whether mediation has been held). The moving party’s affidavit must also address why the proceeding was commenced in the originating county, as well as the estimated length of trial, whether it is a jury trial, and the number of counsel and parties.
48. The moving party is not required to provide affidavit evidence about the availability of judges and court facilities in the other county to satisfy factor (viii) under Rule 13.1.02(2)(b). This factor shall be addressed by the judge or associate judge hearing the motion to transfer, after consulting with the local administrative judge or Regional Senior Judge for the other county.
49. Responding parties are strongly encouraged to file and rely exclusively on written submissions to allow the motion to be heard and fully determined in writing. If an oral hearing becomes necessary, a party may request a case conference under Rule 50.13.

Part E: Mode of Proceeding

50. This Part sets out presumptive modes in which court proceedings will occur: in-person, virtual or in writing. The regional practice directions contain related directives, presumptions and scheduling processes.

1. Definitions

51. “Hybrid proceeding” means a proceeding in which some participants appear physically in the courtroom and others appear virtually.
52. “In-person proceeding” means a proceeding in which all parties, counsel and the judge appear physically in the courtroom.
53. “In writing proceeding” means a proceeding, generally a motion, decided on a paper record only without oral submissions.
54. “Virtual proceeding” means a proceeding in which all parties, counsel and the judge appear by means of an electronic platform like Zoom, telephone conference or video conference.

2. Overarching Principles

55. In applying the guidance in this Part, the court will consider the following principles:
    1. Discretion of the court

The final determination of how an event will proceed remains at the discretion of the court, notwithstanding the default presumptions set out below and in the regional practice directions. In exercising its discretion, the court will take into account the issues in dispute, the expected length of the hearing and the evidentiary record, among other matters.

1. 2. Rule 1.08

Rule 1.08 of the Rules of Civil Procedure sets out the factors the court is required to consider when deciding how to hear a matter, including (1) the general principle that evidence and argument should be presented orally in open court; and (2) the importance in the circumstances of the case of observing the demeanor of a witness.

1. 3. Access to justice

While virtual proceedings can enhance access to justice, there are significant variations in resources and technological abilities. The court must consider the needs of all participants so they can fully and equally participate.

1. 4. Self-represented persons

The court will consider circumstances uniquely related to self-represented persons, including the inability to obtain timely assistance from duty counsel and court staff, the need for technological supports and the inability to adequately address issues in writing.

1. 5. Hybrid options

The court will consider whether some parts of a proceeding should be conducted virtually and other parts conducted in person.

1. 6. Impediments to a virtual hearing

There may be statutory, security or other impediments to having a remote hearing, particularly in criminal cases, civil contempt hearings and other matters that deal with sensitive information (e.g. child protection cases). Moreover, a party’s or participant’s personal circumstances (e.g. disabilities or caregiver responsibilities) may make remote hearings less suitable.

3. Presumptive Guidelines

56. The following guidelines set out the default mode of appearance for civil hearings and conferences across the province. Some regions, in particular the Northwest, Northeast and those with circuiting judges, require greater flexibility in electing to hear matters virtually.
    1. Case conferences

All case conferences shall be held virtually unless the court orders otherwise.

1. 2. Pre-trial conferences involving scheduling issues only

All pre-trial conferences involving trial scheduling issues only shall be held virtually unless the court orders otherwise.

1. 3. Pre-trial conferences involving settlement

All pre-trial conferences directed at settlement or both settlement and trial management shall be held virtually unless the court orders otherwise.

1. 4. Trial and motion scheduling court

All trial and long motion scheduling court appearances shall be held virtually unless the court orders otherwise.

1. 5. Consent motions, without notice motions and unopposed motions

All motions on consent of both parties, all motions without notice and all motions that are unopposed shall be held in writing unless the court orders otherwise.

1. 6. Contested short motions

All contested short motions (“short” as defined by the region or court site) shall be held virtually unless a party requests that it be held in-person and the court agrees, or the court or regional direction directs that it shall be held in-person. In directing that the contested short motion be held in person, the court will take into account the positions of the parties; the complexity of the legal or factual issues; whether the outcome of the motion or application is legally or practically dispositive of a material issue in the case (e.g. summary judgement); whether viva voce evidence will be heard; whether the matter is before an Associate Judge; and any other factor bearing on the administration of justice.

1. 7. Contested long motions

All contested long motions and applications (“long” as defined by the region or court site) shall be held in person unless a party requests that it be held virtually and the court agrees or the court or a regional direction directs that it will be held virtually.

1. 8. Judge-alone trials

All judge-alone trials shall be held in person unless all parties consent to a virtual trial and the court approves. The court may consider the option of a hybrid proceeding and whether a witness, at the request of either party, may be permitted to testify virtually by videoconference.

1. 9. Jury trials

All civil jury trials shall be held in-person. The court may consider the option of a hybrid proceeding and whether a witness, at the request of either party, may be permitted to testify virtually by videoconference.

1. 10. Assessment hearings

All assessments for solicitor fees or judge-referred orders for assessment of costs shall be held virtually.

1. 11. Costs:

All motions for costs shall be held in writing unless the court orders otherwise.

Part F: Virtual Hearings

1. Preparing for a Virtual Hearing

57. 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

58. 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.
59. 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

60. Members of the public and media may consult the court's direction on access to virtual court hearings here.

4. Illegal Conduct During a Virtual Hearing

61. 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 Actto do so and violators may also be charged with an offence under the Criminal Code.
62. Disruptive conduct during a virtual court hearing may be an offence under the Criminal Codeor may constitute contempt of court (e.g. racist comments or threats to harm a person).

Part G: Proceedings Under Rule 76 (Simplified Procedure)

63. The Superior Court of Justice has adopted a trial management plan form that counsel and parties shall use in all cases under Rule 76. Counsel and parties must file a trial management plan with the court at least five days before a pre-trial conference, in accordance with Rules 76.10(2) and 76.10(4).
64. Self-represented parties should refer to the Instructions for Self-Represented Parties Preparing for Rule 76 Simplified Procedure Trials, available on the Superior Court of Justice’s website, which offers guidance on how to prepare for trial.

Part H: Proceedings Under the Class Proceedings Act

65. In a proceeding under the Class Proceedings Act, 1992, if provisions of this Part conflict with other provisions of this practice direction, the provisions in this Part prevail.
66. Parties should review the non-binding Best Practice Guide for Class Actions in Ontario. The Class Actions Bench-Bar Liaison Committee created this document to assist counsel in preparing for class proceedings.

1. Multi-Jurisdictional Class Actions

67. The Superior Court of Justice has adopted the Canadian Bar Association’s Canadian Judicial Protocol for the Management of Multi-Jurisdictional Class Actions and the Provision of Class Action Notice. As of June 1, 2019, parties to class proceedings shall comply with the protocol’s terms.
68. Plaintiff’s counsel must post the pleadings in their class action on the CBA’s National Class ActionDatabase prior to the first attendance and confirm that they have done so at the attendance. To submit documents to the National Class Actions Database:
    1. Download and complete the Database Registration Form; and
    2. Email the completed Database Registration Form with accompanying scanned documents, including the original pleadings and the certification motion (PDF or Word files, character recognition preferred) to the CBA at classaction@cba.org.
69. Questions about the National Class Actions Database can be emailed to: classaction@cba.org.
70. At each attendance, the parties to a class action shall advise the court of the existence and status of any other related action of which they are aware.
71. Plaintiff’s counsel must compile a notification list setting out the names of all known counsel and judges in any related action, together with their contact information. Prior to the date being set for the first case management conference, plaintiff’s counsel must provide the court and all other counsel with the notification list.
72. The 2018 Protocol sets out additional mandatory steps for class actions.

2. Dedicated Class Proceedings Judges

73. To promote the goals of the Class Proceedings Act, 1992, including judicial economy and access to the courts, each Regional Senior Judge has assigned one or more judges to coordinate all class proceedings in that region as the “Class Proceedings Judge”. The Class Proceedings Judge will preside over the majority of pre-trial class proceedings motions and certifications in that region.
74. The names of assigned Class Proceedings Judges may be obtained from the Regional Managers in each region:

Region	Telephone
Northwest	(807) 343-2727
Northeast	(705) 564-7813
East	(613) 239-1385
Central East	(905) 853-4822
Toronto	(416) 327-6104
Central West	(905) 456-4838
Central South	(905) 645-5323
Southwest	(519) 660-2285

3. Originating Process

75. The title of proceeding for every class proceeding shall state that it is a “Proceeding under the Class Proceedings Act, 1992.”
76. Every class proceeding shall have appended to the court file number the letters “CP”.

4. Procedure on Motions and Other Hearings

77. The judge hearing the pre-trial motions will case manage a class proceeding.
78. The prior preparation of draft orders greatly expedites proceedings. Where relevant model orders have been approved by the Class Action Bench-Bar Liaison Committee and posted on the Superior Court of Justice website, a copy of the draft order blacklined to the model order and indicating all variations sought from the model order must be filed. Class Actions Model Orders include:

1. 1. Discontinuance model order
   2. Carriage model order
   3. Certification (contested) model order
   4. Notice approval and consent certification for settlement purposes model order
   5. Settlement approval model order
   6. Fee approval model order
   7. Litigation funding model order

79. In order to assist the judge hearing pre-trial motions in determining the reasonable costs:
    1. Counsel shall follow the provisions of Rule 57.01(6) of the Rules of Civil Procedureconcerning costs outlines.
    2. Unless the parties have agreed on costs, every party who intends to seek costs for a motion shall:
       1. Provide to every other party involved in the motion, and bring to the hearing, a costs outline (Form 57B), not exceeding 3 pages in length; and
       2. Provide to the judge at the commencement of the motion a copy of the costs outline.
    3. It is preferable for the parties to complete all sections of Form 57B. At a minimum, the costs outline shall set out the fees and disbursements requested, as required in the first part of Form 57B, and the details of the amount claimed (the hours spent, the rates sought for costs and the rate actually charged by the party’s lawyer) as required in the last section of Form 57B.
    4. Counsel for the parties to a motion shall consult with one another, in advance of the hearing, with a view to resolving the issue of the costs of the hearing. Counsel are encouraged to agree on the amount of costs to be awarded to the successful party, including fees, disbursements and HST.
    5. Nothing in this practice direction prevents the court from requiring, or the parties from requesting, the opportunity to make, further cost submissions following the determination of the motion.
    6. This practice direction does not affect the right of the Law Foundation of Ontario to make costs submissions and present evidence, in accordance with Rule 12.04, in cases where the plaintiff has received financial support from the Class Proceedings Fund of the Law Foundation of Ontario.

Part I: Applications for Estates Certificates (Probate)

80. Counsel and parties may use email to file applications for estates certificates (probate), including an Application for a Certificate of Appointment of Estate Trustee or Application for a Small Estate Certificate or Amended Small Estate Certificate, and supporting and responding documents (e.g. Form 75.1 Notice of Objection). Counsel and parties should direct their filing to the email address for the court location set out at the following link: Email Processes for Certificates of Appointment of Estate Trustee
81. Where counsel and parties use email to file documents in these applications, they must meet the following requirements:
    1. Applicants must complete an Information Form and email it to the court together with the probate application. The application form and supporting documents (affidavits, consents, proof of death, renunciations, draft certificates, motions) should be submitted by email.
    2. The subject line of the email sent to the court must indicate the acronym for the court, the area of law, court file number (if any), and type of document, as set out in the examples below:

1. 1. • SCJ – ESTATES – ES-1234567 – Application for Certificate of Appointment of Estate Trustee
      • SCJ – ESTATES – new file – Application for Certificate of Appointment of Estate Trustee

1. 3. Each email sent to the court, including attachments, must not exceed 35 pages.
   4. Document attachments must be in PDF format.
   5. Each PDF attachment must contain only one court form and must be saved with a name that specifies the court form number and type of document, as set out in the examples below:

1. 1. • Form 74A (Application for Certificate of Appointment of Estate Trustee)
      • Form 74E (Affidavit of Condition of Will)
2. 6. Original documents filed in support of the application (e.g. wills, codicils, bonds, ancillary certificates) and certified copies must be filed in hard copy by mail or courier to the Superior Court of Justice location where the application was filed or in person at that court office.
   7. Estate administration tax payments must also be sent by mail or courier to the Superior Court of Justice location where the application was filed or in person at that court office. Filing fees, if any, may be paid in person, by mail or courier using a cheque, or over the phone by secure credit card transaction. Contact information for court locations can be found on the Ministry of the Attorney General’s website.
   8. Probate certificates will be electronically issued and delivered by email to the address provided by the applicant.

82. If court staff advise that documents emailed to the court require correction, the corrected versions can be sent to the court by email. If additional documents are needed to complete the application, then court staff will advise which ones can be emailed and which ones need to be provided in hard copy.
83. The process described in this Part does not apply to documents filed in estate litigation cases. Estate litigation documents should be filed in the same manner as other civil litigation documents, through the Civil Submissions Online filing portal.

Part J: General Provisions

1. Ensuring the Integrity of Scheduled Hearings

Accurate Time Estimates

84. 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.
85. 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

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

Presumption of Commitment

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

Duty to Inform of Previous Commitments

88. 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 the Hearing

89. 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.
90. 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

91. A factum should only include cases that counsel or the party intends to refer to in oral argument.
92. A factum must hyperlink authorities to a publicly accessible website whenever the authorities are available on such a website (e.g. CanLII).
93. 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

94. When a factum contains hyperlinks to a publicly accessible website for all authorities, a book of authorities is not necessary.
95. 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.
96. Authorities available on a publicly accessible website shall be provided only as links in the table of contents to the website.
97. 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 civil matters, the book of authorities shall not include the full text of authorities, but only those portions cited by counsel, unless the court orders otherwise.
98. 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

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

Attire Modifications

102. 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.
103. 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. Manner of Address for Judges and Associate Judges

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

6. Accessing Court Transcripts

105. 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.
106. 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.
107. Unless a judge orders otherwise, no transcripts are available to anyone, including the parties, for case management, settlement and trial management conferences.
108. 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.

7. Accessing Digital Court Recordings

109. Information on accessing digital recordings is here.

8. Electronic Devices in the Courtroom

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

9. Publication Bans

Application

111. 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

112. 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

113. 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.
114. 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.
115. 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.
116. 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.
117. Any member of the media who wishes to receive copies of the notices prepared under this section may submit a requestthrough the Superior Court of Justice’s website.

10. Orders

118. Judgments, endorsements and orders are effective as of the date the court makes them unless the judgment, endorsement or order states otherwise.
119. 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.
120. An issued and entered order is required for an appeal to the Court of Appeal for Ontario or the Divisional Court.

11. Reserved Decisions

121. 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.

12. The Use of Artificial Intelligence (AI) for Court Proceedings

122. Maintaining the integrity of the justice system is the shared responsibility of all justice sector participants. As officers of the court, lawyers play a pronounced role in ensuring its fair and proper administration. Without exception, however, it is the responsibility of all counsel and litigants to guarantee accuracy when preparing materials for use in court proceedings, and particularly when using AI, regardless of whether they directly interacted with the technology. The misuse of AI is detrimental to the justice system and can occur in any number of ways. Most often, it occurs when counsel or litigants carelessly rely on fictitious authorities generated by AI, commonly referred to as "hallucinations". Hallucinations can consist of non-existent cases, mischaracterizations of case law, and fabricated quotations. To avoid these risks, counsel and litigants must exercise careful, informed, and ongoing oversight at all times when they or their staff use AI for court proceedings. The court will not tolerate inadvertence in this regard. The court directs counsel and litigants to consider the following, as applicable, when using AI for court proceedings:

For Counsel

123. The Law Society of Ontario’s Rules of Professional Conduct. Counsel are reminded that their use of AI for court proceedings must comply with their professional duties and ethical obligations set out in Law Society of Ontario’s Rules of Professional Conduct. The LSO Futures Committee’s White Paper(April 2024) on licensees’ use of generative AI offers guidance on how the Rules of Professional Conduct apply when legal services are delivered with the assistance of AI.

For Counsel and Litigants

124. Counsel and litigants must use authoritative sources to verify citations. AI-generated references may include incorrect or fictitious legal authorities. All legal information obtained using the assistance of AI must be verified against trusted and authoritative sources.
125. Counsel and litigants must comply with obligations under the Rules of Civil Procedure. Counsel and litigants are reminded of their obligations under 06.1of the Rules of Civil Procedure when preparing factums, with regard for subrules (2) - (2.2):

Citations

(2) Each citation to an authority in a factum must include a reference to the relevant paragraph, provision or page number of the authority.

(2.1) A factum shall include a statement signed by the party’s lawyer, or on the lawyer’s behalf by someone the lawyer has specifically authorized, certifying that the person signing the statement is satisfied as to the authenticity of every authority cited in the factum.

(2.2) An authority that is published on a government website or otherwise by a government printer, on the Canadian Legal Information Institute website (CanLII), on a court’s website or by a commercial publisher of court decisions is presumed to be authentic for the purposes of subrule (2.1), absent evidence to the contrary.

126. Relatedly, counsel and litigants should also be aware of subrules 03 (2.1) and (2.1.1)regarding the obligation of experts to verify the authenticity of the authorities or other documents or records referred to in their report(s).
127. Counsel and litigants must comply with obligations under the Consolidated Civil Provincial Practice Direction to hyperlink cases to published websites when submitting factums, compendiums and books of authorities.
     • Each party’s factum shall hyperlink authorities to a publicly available, free website such as the Canadian Legal Information Institute website (CanLII), whenever they are available on such a website (Consolidated Civil Provincial Practice Directions Part I. G, paragraph 31).
     • Each time a case is cited in the factum, it must include a paragraph reference to the case, with the applicable paragraph also hyperlinked (Consolidated Civil Provincial Practice Directions Part I. G, paragraph 32).
     • Every party’s compendium must include only those materials that will be referred to in argument and must have a table of contents hyperlinked to the sections within it and hyperlinks to authorities cited. Hyperlinks to authorities must link to an authority that is published on a government website or otherwise by a government printer, on CanLII, on a court’s website or by a commercial publisher of court decisions (Consolidated Civil Practice Direction, Part 1. F, paragraph 29).
     • Authorities that are not available on a free public website, such as unreported decisions, decisions only available on approved private electronic databases (i.e., databases that are dedicated to the publication of judicial decisions (e.g., LexisNexis Quicklaw and Westlaw)), and excerpts from textbooks, shall be included in an abbreviated book of authorities and filed electronically in PDF format. The abbreviated book of authorities shall include a table of contents that has internal hyperlinks to the cases and textbook excerpts contained within it (Consolidated Civil Practice Direction, Part I. G, paragraphs 36 - 37).

Potential Sanctions for Misuse of Artificial Intelligence for Court Proceedings

128. The court has a range of powers to ensure that counsel and litigants comply with their duties to the court. Where those duties are not complied with, the court’s powers include, but are not limited to, public reprimand of the counsel or litigant, the imposition of cost orders, adjourning a hearing or dismissing the matter, the initiation of contempt proceedings, and in regards to counsel, referral to the Law Society of Ontario. In each instance, the court’s response will depend on the specific facts and circumstances of the case.

 

Geoffrey B. Morawetz

Chief Justice

Ontario Superior Court of Justice

Date: March 17, 2026