Effective June 15, 2023, Updated October 14, 2025

This practice direction applies to Divisional Court proceedings province-wide (including panel matters, in-writing motions for leave to appeal and matters heard by a single judge) unless stated otherwise below. It replaces all previous consolidated practice directions and provincial notices to the profession, parties, public and media.

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

Part I: Divisional Court Proceedings

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.

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 at the Toronto Divisional Court.
   2. Single-judge proceedings (as set out in paragraph 4 of this Part) must be commenced at:
      
      1. the Superior Court of Justice location where the order being appealed was made, or
      2. 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 at 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 the improper court location, the registrar may reject their originating document.
6. For appeals being heard by a panel, documents are filed and in-person hearings are held at the Regional Centre for the region 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 set out in Schedule A.
7. For urgent matters, immediately after receiving confirmation that the proceeding has been commenced and 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 has directed otherwise.

Required Information

8. 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).

9. Divisional Court email addresses are in Schedule A.

Part A.2: Filing

Online Filing for Toronto Divisional Court Matters

10. 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.
11. 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.
12. 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.
13. For parties and their representatives, a new account will be required the first time OCPP is used. Please 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 litigants can access those guides, the Quick Reference Guide and other resources including instructional videos to support use of the new portal here.
14. 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. 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.
15. Documents filed with the court must comply with all applicable restrictions (e.g. page limits) and with the document naming protocol set out below.
16. 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.
17. 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.
18. All confirmation and scheduling forms are to be submitted through OCPP.
19. If an urgent hearing request is sought, the form must be submitted through OCPP and flagged as time sensitive, and parties must send an email to the appropriate trial coordination office alerting staff of the request. Select this option only if you are submitting documents for a hearing or deadline that is three or fewer business days away, including if you need to meet 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.
    
    Note: This option will be automatically selected if the filing has already been deemed time sensitive by the court.
20. 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.
21. 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
22. 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.
23. 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.
24. 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

Online Filing for all other Regions except Toronto

25. 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.
26. 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.
27. 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.
28. Documents filed with the court must include prior orders or endorsements relevant to the request being made.
29. Documents filed with the court must comply with all applicable restrictions (e.g. page limits) and with the document naming protocol set out below.

Document Naming Protocol

30. 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)

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.

Email and In Person Filing for Regions outside Toronto

33. 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. Any person requiring accessibility services may contact the Accessibility Coordinator at the courthouse.
34. 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.

Paying Court Fees

35. Court fees in Divisional Court Proceedings 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 the Ontario Courts Public Portal, 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 fee payment 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.
36. 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).
37. 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

38. 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.

39. When communicating by email with court staff, counsel and parties should:
    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)
40. Counsel and parties must copy all other parties on emails and letters they send to the court.

Part C: Case Center

Uploading Electronic documents to Case Center for use at Hearings

41. Case Center is an online platform where judges, counsel, parties, and court staff view electronic court documents before and during hearings.

42. In Toronto, documents submitted to the Ontario Courts Public Portal and accepted for filing will be uploaded into Case Center. Documents not filed with the court, such as compendiums and Participant Information Forms, must be uploaded by the parties into Case Center.
43. In all other regions, all court documents must be uploaded to Case Center regardless of whether the hearing is in person or virtual. Each party must upload their court documents to Case Center as set out below. Information about how to use Case Center to access your case, upload documents, and review case materials is available on the court’s website here.
44. This step is different from filing documents with the court. Documents uploaded to Case Center for use at a hearing should have already been filed by the party as set out in Part A.2 above. Where there is a difference between the filed version of a document and the version provided to the court for use at a hearing, the filed version shall prevail. Once a document has been uploaded into the appropriate section of the Case Center bundle for the 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.
45. Materials must be uploaded on Case Center as follows and in accordance with the following deadlines:
    1.  Unless the court approves an expedited or modified schedule, all materials must be uploaded promptly after service or as soon as practicable after the Case Center link has been provided. However, in the event parties are unable to meet that timeline, or parties inadvertently missed uploading their documents at that time, all materials must be uploaded at least four weeks before the hearing date. This deadline takes precedence over the deadlines set out in Rule 4.05.3 of the Rules of Civil Procedure
    2. All documents must be uploaded in PDF format. The indexes to all Records should include hyperlinked bookmarks. Factums must also be uploaded in Word format.
    3. Upload documents into the specific bundle created for the hearing. Do NOT upload documents into the Master Bundle.
    4. Each party’s factum shall hyperlink authorities as set out in Part K below.
    5. No book of authorities containing the full text of authorities available on a public website shall be uploaded to Case Center unless the court orders otherwise, as set out in Part xx below.
    6. Documents must be named in accordance with the Standard Naming Protocol.
    7. No single document may be more than 500 pages long. Appeal Books and all Records shall be filed using the minimum number of volumes, each no longer than 500 pages.
    8. Individual Tabs of Books, Records and Briefs shall not be uploaded as separate documents on Case Center. Parties are encouraged to review the court’s Case Center resources regarding how to upload documents.
    9. Each party must upload to Case Center a compendium containing key materials that will be referred to in oral argument in accordance with Part K below. The compendium for oral argument must be uploaded to Case Center as soon as possible before the hearing date. Where portions of cases are included in a compendium, the title of the proceeding and headnote should be included as well. Where portions of the record are included in a compendium, the first page of the document and identification of where it may be found in the record, by reference to Case Center page number, should also be provided.
    10. At least one day before the hearing, the parties must upload a Participant Information Form setting out the name(s) 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 also filed with the court.
    11. Unless the court has directed an earlier deadline, the parties must upload the agreement they have reached on costs, or their bills of costs or costs outlines, at least one week before the hearing.
    12. Parties must upload documents so that they are displayed in Case Center in the following sequence:
        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. Adding a numerical prefix in the document name, as illustrated above, helps to ensure that the documents remain listed in the correct order in Case Center.
    13. The parties shall make all efforts to upload materials to Case Center promptly after service and filing. However, in the event parties are unable to meet that timeline, or parties inadvertently missed uploading their documents at that time, all materials must be uploaded at least four weeks before the hearing date. This deadline takes precedence over the deadlines set out in Rule 4.05.3 of the Rules of Civil Procedure.
46. At the hearing, the parties must be prepared to use Case Center bundles and Case Center- generated page numbers and the “Direct Others to Page” function and to advise the court of the Case Center page numbers when referring to documents.
47. It is the responsibility of the parties to ensure that all materials 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.
48. 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 in Divisional Court. Generally, parties are not permitted to add to the Record below in Divisional Court unless they obtain an order from the Divisional Court permitting them to do so. If a party uploads 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 forward the evidence and may order costs against the party that uploaded the materials.
49. The parties shall comply with the court’s directions for making court documents available for the hearing using Case Center. If a party has an issue with or is unsure about the process, the party may email the court and all other parties, setting out the issue, and the court may direct a case conference with a judge or provide other directions.
50. Unredacted versions of documents that are, or are proposed to be, the subject of a sealing order should NOT be filed with the court or uploaded into Case Center. Although the notice of motion for the sealing order can be uploaded after it is filed with the court, the unredacted document proposed to be sealed must be emailed to the Divisional Court regional centre Trial Coordination Office, identifying the case name, court file number and the hearing date (if assigned), together with 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.
51. In motions for removal as lawyer of record under Rules 15.04(1.2) and (1.3) of the Rules of Civil Procedure, file redacted motion materials with the court and upload to Case Center. Unredacted motion materials should NOT be filed with the court or uploaded to Case Center. These documents should be emailed to the Divisional Court regional centre for delivery to the judicial official, unless a regional practice direction or notice to the profession provides for another method of delivery.
52. Parties should identify any documents that have been inappropriately uploaded by opposing parties by making a case note in Case Center specifying the document/s and why it/they should not have been uploaded. Where a confirmation form is required for the event, any documents that have been improperly uploaded should also be noted on that form.

Help with Case Center

53. The Ministry of the Attorney General’s Court Services Division offers support to counsel and self-represented litigants with Case Center inquiries. Please dial 1-800-980-4962 and select option 4 for Case Center support or email your questions to info.CaseCenter@ontario.ca. Support is available from 8:30 a.m. to 5:00 p.m. (Monday to Friday).
54. Information about how to use Case Center is available on the court’s website.
55. For self-represented parties without access to the necessary technology, assistance is also available through the court filing office or with the Accessibility Coordinator at the courthouse where the case is being heard.

Part D: Motions

Motions for Leave to Appeal Under Rule 62.02 of the Rules of Civil Procedure

56. 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.
57. All Rule 62.02 motions for leave to appeal are heard in writing by a panel of three judges in the Toronto Region (select Toronto Divisional Court if filing online). There is no court attendance for the hearing of these motions.
58. In Rule 62.02 motion materials filed with the court:
    1. Parties should refer to themselves as “the moving party” or the “responding party”.
    2. The Motion Record must include a copy of the signed and entered order from which leave to appeal is sought.
    3. Both the moving party’s and responding party’s Motion Records must include costs submissions respecting the motion for leave to appeal if costs are sought. The costs submissions should include the proposed quantum of costs (win or lose) and a costs outline (Form 57B).

Motions for a Stay, Interim Order or to Set Aside a Stay Pending Appeal or Judicial Review

59. 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.
60. 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.
61. 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.
62. For automatic stays of residential eviction orders under Rule 63.01(3) of the Rules of Civil Procedure, see Part H, below. Automatic stays may also be available under other rules or legislation.
63. This section applies, with any necessary changes, to requests for interim orders under s. 134(2) of the Courts of Justice Act.

Part E: Information to be Submitted to the Court

64. Within two weeks after an application or appeal is commenced, or a motion is filed, the parties shall send an email to the court setting out,

1. 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).

Divisional Court email addresses are set out in Schedule A.

Note: In Toronto, the above information shall be submitted using the Ontario Courts Public Portal.

Part F:  Triage and Case Management

65. All applications, appeals, and motions in Divisional Court, and all steps in those proceedings, may be subject to judicial case management. The purpose of case management is to facilitate access to justice through the timely adjudication of proceedings in Divisional Court in a cost-effective and proportional manner.
66. When a proceeding is commenced or a motion is brought, the matter may be subject to triage by a judge. The 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. This process does not preclude any party from raising preliminary issues with the court.
67. A judge may direct that there be a case management conference with the parties. The case management conference will be scheduled by court staff and presided over by a judge. The triage judge is not seized of case management unless the triage judge directs otherwise.
68. A triage or case management judge may give directions regarding the conduct of a matter, and those directions are orders of the court.
69. Any timetable or deadline set through case management supersedes the deadlines set in the Rules of Civil Procedure.
70. Unless the presiding judge orders otherwise, there shall be no costs associated with triage or case management in the Divisional Court. 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 provided to the court is subject to a claim for costs in the underlying proceeding. 

Part G: Self-Represented Litigants

71. Self-represented persons are expected to familiarize themselves with all relevant procedures, including this practice direction.
72. If a self-represented person is unable to conduct a case in accordance with the relevant procedures including the requirements set out in this practice direction, 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.
73. Litigants with a disability may request accommodation. The court accessibility information and resources can be found on the Ministry of the Attorney General’s Going to court: accessibility
74. In preparing materials for an appeal or application for judicial review, self-represented parties are encouraged to refer to resources for the public on the Superior Court of Justice website here.

Part H: Appeals from decisions of the Landlord and Tenant Board

75. The following practices shall be followed in appeals from decisions of the Landlord and Tenant Board pursuant to s. 210 of the Residential Tenancies Act, 2006(the “RTA”).

Delivery of Notice of Appeal

76. The appellant must “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 with the appropriate Divisional Court location. (See information on commencing proceedings and filing documents in Part A.1 and A.2.)
77. A Notice of Appeal shall be in Form 61A.1 of the Rules of Civil Procedureand an appellant’s certificate respecting evidence shall be in Form 61C of the Rules of Civil Procedure. These forms are available on the Ontario Court Forms website.

Required information in the Notice of Appeal

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

Requisitioning a Certificate of Stay

80. 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 RTA stays, 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).
81. 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 R.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” which may be in the form attached to this Consolidated Practice Direction as Schedule C.
82. A “Requisition for a Stay LLTB” may be provided to the court in the same way and at the same time that a Notice of Appeal and appellant’s certificate respecting evidence is provided to the court.
83. Upon receipt of a completed “Requisition for a Stay LLTB” in respect of an appeal previously commenced, or upon receipt of such 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 electronically, 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.
84. The court may give case management directions requiring payment of ongoing rent and payment of or on account of arrears, in default of which the court may lift the stay.

Appellant Responsible for Providing Certificate of Stay to the Sheriff

85. It is the responsibility of the appellant(s) to ensure that the certificate of stay is received by the Sheriff (Civil Enforcement Office) in order to vacate any eviction date that is scheduled with the Sheriff. Appellants 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.

Requests to Set Aside Stays

86. A respondent wishing to make a request to lift a stay of an order of the Landlord and Tenant Board pursuant to R.63.01(5) of the Rules of Civil Proceduremay make that request either by requesting a case conference or requesting that a motion be scheduled.
87. The request to schedule a motion to lift a stay must be submitted to the court using the applicable Portal – Ontario Courts Public Portal (OCPP) for Toronto region and Justice Services Online (JSO) outside Toronto region. The party 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 party must briefly explain the reason(s) why the respondent is seeking to have the stay lifted.  If these reasons include non-payment of rent, 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.

Timely Pursuit of Appeal

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

 Part I: Mode of Proceeding

91. 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.
92. The following guidelines set out the default mode of appearance for Divisional Court hearings:
    1. Motions for leave to appeal
       1. All motions for leave to appeal to the Divisional Court shall be held in writing unless the court orders otherwise.
    2. Single-judge hearings
       1. 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
       1. 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.
93. 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.

*Note: In Toronto, the above information shall be submitted using the Ontario Courts Public Portal.

93. 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).
94. 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.
95. 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 J: Virtual Hearings

Preparing for a Virtual Hearing

96. 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).

Virtual Hearing Etiquette

97. 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.
98. 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.

Public and Media Access to Virtual Hearings

99. Members of the public and media may consult the court's direction on access to virtual court hearings here.
100. 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.

Illegal Conduct During a Virtual Hearing

101. 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. For further information on the rules regarding the use of electronic devices see our website here.
102. 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 K: General Provisions

Ensuring the Integrity of Scheduled Hearings & Efficient Use of Court Time

Accurate Time Estimates

103. The court expects counsel and parties to provide accurate estimates of the time they will require for oral 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.
104. 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

105. When the court sets a date for a hearing, the hearing is expected to take place on that
106. Where a hearing or appeal has been set by the Divisional Court, the matter is expected to take place on that date. Adjournments of scheduled court dates are to be avoided to reduce court delays, the waste of court resources, and the unnecessary expense and inconvenience to the parties.

Presumption of Commitment

107. 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

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

Compendium Required

108. In accordance with Rule 4.05.3(3) of the Rules of Civil Procedure, each party in a hearing using Case Center must upload to Case Center a compendium containing key materials that will be referred to in oral argument (e.g., fair extracts of documents, transcripts, previous orders, etc.).
109. The compendium must include only those materials that will be referred to in oral argument and must have a table of contents hyperlinked to the sections within it and hyperlinks to authorities cited.

Factums and Books of Authorities

110. The factum should only include cases that counsel or the party intends to refer to in the oral argument.
111. Each party’s factum shall hyperlink authorities to a publicly available, free website such as CanLII, whenever they are available on such a website.
112. The factum must include paragraph references each time a case is cited in the factum, with the applicable paragraph also hyperlinked.
113. Where hyperlinks to all authorities are provided in the factum, it will not be necessary to file a book of authorities.
114. Where a party files an electronic book of authorities, authorities that are available on a free public website such as CanLII shall be linked from the table of contents only. Authorities that are not available on a free public website, such as unreported decisions, decisions only available on approved private electronic databases, and excerpts from textbooks, shall be included in full. The book of authorities shall have a table of contents that has internal hyperlinks to the cases and textbook excerpts contained within it.
115. “Approved private electronic databases” are private databases that are dedicated to the publication of judicial decisions (e.g. LexisNexis Quicklaw and Westlaw).
116. Counsel and parties should be aware that judicial decisions posted on electronic databases may be subject to correction or editing within a few days of the initial posting and, accordingly, parties should ensure that any decision obtained from an electronic database has not been subsequently amended. Parties should provide the date that the copy of any decision was obtained from an electronic database, as part of the citation information. Parties should also provide the neutral case citation number (e.g. 2010 ONSC 1).

Materials Relied Upon Must Be Referenced during Hearing

117. The oral hearing is the occasion when arguments must be succinctly set out by the parties. Parties must bring to the attention of the court all relevant material facts and the authorities that establish the legal proposition relied upon. It is not sufficient to merely upload filed materials to Case Center.
118. Materials that are not brought to the attention of the judicial officer at the hearing may not be considered. Judicial officers’ judgment writing time is not sufficient to permit it to be used as an extension of the time allocated for oral argument

Gowning

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

Attire Modification

122. 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.
123. 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.

Accessing Court Transcripts

124. 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.
125. 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.
126. More information about the restrictions on the availability of transcripts can be found on our website here.

Accessing Digital Court Recordings

127. Information on accessing digital recordings is here.

Electronic Devices in the Courtroom

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

Publication Bans

Application

129. 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

130. Unless the court orders otherwise, any 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

131. 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.
132. 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.
133. The information on 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.
134. 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.
135. 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.

Manner of Address for Judges and Associate Judges

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

Orders

137. Judgments, endorsements and orders are effective as of the date the court makes them unless the judgment, endorsement or order states otherwise.
138. 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.
139. An issued and entered order is required for an appeal to the Court of Appeal for Ontario or the Divisional Court.

Reserved Decisions

140. 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
Date June 15, 2023 Chief Justice
Ontario Superior Court of Justice

 

Schedule A: Judicial Region Contact Information

Superior Court of Justice Judicial Regions	Address for Divisional Court in Regional Centre
Central East Region This region includes the following court locations: Barrie Bracebridge Cobourg Durham Lindsay Newmarket Peterborough	Durham Region Courthouse 150 Bond St. E. Oshawa, ON L1G 0A2Email: Durham.SCJ.Courts@ontario.ca
Central South Region This region includes the following court locations: Brantford Cayuga Hamilton Hamilton Family Court Kitchener Simcoe St. Catharines Welland	Hamilton (John Sopinka) Courthouse 45 Main St. E. Hamilton, ON L8N 2B7Email: Hamiltonciviloffice@ontario.ca
Central West Region This region includes the following court locations: Brampton Guelph Milton Orangeville Owen Sound Walkerton	Brampton (A. Grenville & William Davis) Courthouse 7755 Hurontario St. Brampton, ON L6W 4T1Email: Bramptonscjcourt@ontario.ca
East Region This region includes the following court locations: Belleville Brockville Cornwall Kingston Kingston Family Court L’Orignal Ottawa Napanee Pembroke Perth Picton	Ottawa Courthouse 161 Elgin St., 2nd Fl. Ottawa ON K2P 2K1Email: Ottawa.scj.courts@ontario.ca
Northeast Region This region includes the following court locations: Cochrane Gore Bay Haileybury North Bay Parry Sound Sault Ste. Marie Sudbury Timmins	Sudbury Courthouse 155 Elm St. Sudbury, ON P3C 1T9Email: sudburydivisionalcourt@ontario.ca
Northwest Region This region includes the following court locations: Fort Frances Kenora Thunder Bay	Thunder Bay Courthouse 125 Brodie St. N. Thunder Bay, ON P7C 0A3Email: Csd.thunderbay.scj@ontario.ca
Southwest Region This region includes the following court locations: Chatham Goderich London Sarnia St. Thomas Stratford Windsor Woodstock	London Courthouse 80 Dundas St. London, ON N6A 6A3Email: Divisional.Court.London@ontario.ca
Toronto Region This region includes the following court locations: Toronto	Osgoode Hall 130 Queen St. W. Toronto, ON M5H 2N5Email: scj-csj.divcourtmail@ontario.ca

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

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