This notice is intended to replace all current notices relating to the Northeast Region and to supplement the recent province-wide Consolidated Notice to the Profession, Parties, Public and the Media (“the Consolidated Notice”). It is effective immediately.
The Consolidated Notice provides direction on how to file materials with the Court and incorporates the Court’s recent guidelines relating to presumptive modes of appearance before the Court. The Consolidated Notice also provides for regional variation, where necessary or appropriate.
The present notice sets out the variations applicable in the Northeast Region and provides information regarding addresses for filing materials via email, where that is permitted by the Consolidated Notice. Unless otherwise indicated, the practice in the Northeast Region is governed by the Consolidated Notice.
Presumptive Modes of Appearance
The presumptive mode of appearance for judicial pre-trial conferences shall be in person, and not virtual as provided for in the Consolidated Notice, in the following multi-judge sites in the Northeast Region:
- Sault Ste. Marie
- North Bay
The presumptive mode of appearance for long motions (more than one hour) shall be in person, rather than virtual as provided for in the Consolidated Notice, at all sites in the Northeast Region.
The presumptive mode of appearance for case conferences shall be via Zoom, and not in person, as provided for by the Consolidated Notice, at all sites in the Northeast Region.
The presumptive mode of appearance for trial management conferences shall be via Zoom at all sites in the Northeast Region, with the exception of those specifically identified by a judge as having a settlement focus, as otherwise provided for in the Consolidated Notice.
The presumptive mode of appearance for Binding Judicial Dispute Resolution hearings shall be in person, and not virtual as provided for by the Consolidated Notice, at all sites in the Northeast Region.
The presumptive mode of appearance for bail hearings shall be in person, and not virtual as provided for in the Consolidated Notice, at all sites in the Northeast Region.
The presumptive mode of appearance for bail reviews and detention reviews shall be in person, and not virtual as provided for in the Consolidated Notice, at all sites in the Northeast Region. (Assignment courts relating to bail reviews and detention reviews will continue to be held virtually, as provided for in the Consolidated Notice.)
Changing the Presumptive Mode of Appearance
A party may request that the mode of appearance in any matter (family, civil, or criminal) be changed from the presumptive mode by writing to the court at the following addresses relating to each of the eight locations in the Northeast Region:
|SCJ Locations||Trial Coordinator Generic E-mail Address|
|Gore Bay / Manitoulin||GoreBay.SCJ.TC@ontario.ca|
|Sault Ste. Marie||SaultSteMarie.firstname.lastname@example.org|
The parties should attempt to agree on any request to change the presumptive mode of appearance in any matter, civil, criminal or family. Regardless of whether the request is on consent, the letter requesting a change should provide the basis for the request. The Court retains the discretion as to the mode of appearance, even where the request is made on consent. Where necessary, the Court will convene a conference to discuss requests to change from the presumptive mode.
The Consolidated Notice provides that, in certain civil and family matters, and in all criminal matters, materials may be filed directly with the court at the location in which a matter is or should be brought, rather than by filing through the applicable portal. The addresses for such direct filing at each of the eight locations in the Northeast Region is as follows:
|SCJ Locations||CSD Generic E-mail Address|
|Gore Bay / Manitoulinemail@example.com|
|Sault Ste. Mariefirstname.lastname@example.org|
Unless otherwise provided for in a relevant civil, family, or criminal rule, the following page limits will apply in the Northeast Region with respect to the documents listed below, exclusive of attachments:
- Factums in long motions and applications: 15 pages
- Judicial pre-trial conference briefs: 15 pages
- Case conference briefs: 10 pages
- Settlement conference briefs: 15 pages
- Factums in long motions: 15 pages
- Pre-trial application factums: 20 pages
- Summary conviction appeal factums: 20 pages for the appellant, 15 pages for the respondent
Where a party wishes to refer in a conference brief to a document that might be submitted in evidence, such as an expert’s report, a contract, a letter, or a message, the relevant portion of the document should be set out or summarized in the textual portion of the brief. The document should not also be included as an attachment unless the form of the document, rather than the content, is relevant.
Like the rest of society, the Court is adapting to change as we come out of a long period of pandemic-related restrictions. Adapting to these changes may require that we reconsider some or all of the regional variations set out in this notice. The profession, the parties, and the public are therefore encouraged to check the Court’s website frequently to ensure that they have the most up-to-date information on variations from the Consolidated Notice in our region.
Dated this 19th day of April, 2022.
The Honourable M. Gregory Ellies
Regional Senior Judge for the Northeast Region