Notice to the Profession – Central West Region (Effective May 19, 2020)

By Notice to the Profession dated March 15, 2020, the Ontario Superior Court of Justice (SCJ) advised the profession, the media and the public that, while the SCJ was suspending in-court hearings, it would continue to hear urgent matters in criminal, family and civil.

By Notice to the Profession dated April 2, 2020, the Central West Region expanded the type of matters it would continue to hear during the suspension of in-court hearings.

This Notice to the Profession will further expand the types of matters heard in criminal, family and civil during the suspension of in-court hearings.

This Notice to the Profession supersedes the April 2, 2020 Notice to the Profession and is effective May 19, 2020.

Please note that all electronic filings done pursuant to this Notice, must subsequently be filed with the court in the usual manner (paper copies) when court operations resume. By making such electronic filings, counsel and parties undertake to file such materials upon resumption of court operations and, where applicable, pay any fees associated with such filing(s).

Particular care should be taken to ensure that all electronic materials are filed to the correct email addresses shown herein.

CRIMINAL MATTERS

Counsel/Parties are advised that the SCJ is currently not setting criminal trial dates. Application dates will be set with leave of the court.

Urgent Criminal Matters

All urgent requests for hearings in criminal applications are to be delivered by email (maximum 2 pages) setting out:

  1. the relief requested;
  2. the reason why the matter is urgent; and
  3. confirming the matter can be dealt with by a tele/videoconference.

The request must be sent electronically to

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

The request will be reviewed by the court to determine whether the matter will be heard. If not, the party requesting the hearing will be so advised.

If the court determines that the matter may be urgent and directs a hearing, the court will arrange a conference call with counsel/parties to discuss the matter and, if the matter is to proceed to a hearing, provide counsel/parties all necessary directions for the hearing.

The electronic materials filed by either party are limited to 10MB unless the judge grants leave to file larger materials electronically.

Summary Conviction Appeals

Once all necessary appeal documents have been filed and the appeal is ready to be heard, the court will schedule a hearing date by way of tele/videoconference.

Counsel will be advised of the time/date and other directions for the hearing and the time allocated to the parties for submissions.

Additional Criminal Matters

The following criminal matters will be heard by the SCJ:

  1. All bail hearings;
  2. guilty pleas with a date for imposing the sentence to be determined;
  3. Extending stays of driving prohibitions, fine payments and bail pending appeal orders for Summary Conviction Appeals;
  4. Habeas corpus applications;
  5. custody and out of custody pre-trial conferences with priority given to in-custody matters and those whose scheduled pre-trials were adjourned due to the court suspension; and
  6. Other matters that can be dealt with at this time through virtual hearings using Zoom videoconferencing or teleconferencing. Crown and defence counsel are encouraged to discuss their pending trials with a view to determining whether motions could be conducted primarily in writing with brief oral submissions, if necessary; whether focused motions could be conducted that would determine the outcome of a trial; whether the case can proceed as an out-of-custody non-jury trial; or there are any other reasonable proposals for virtual hearings. After those discussions and defence counsel have their client’s requisite instructions, counsel should arrange of conference call pre-trial conference with a judge to address counsels’ suggestions. These pre-trials are for in and out-of-custody accused although further updates on video platforms that will be available for those in custody are pending.

All such requests for hearings are to be delivered electronically by email (maximum 2 pages) setting out:

  1. the relief requested;
  2. the reason(s) why the matter should be heard;
  3. confirming that the matter can be dealt with by way of a tele/videoconference; and
  4. Counsel may attach any additional documents which are relevant to the judge’s decision whether to grant leave for a hearing.

These requests must be delivered electronically to

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

Upon receiving a request, the court will convene a tele/videoconference with counsel to consider whether to grant leave for a hearing.

If leave is granted, the court will schedule and hear the matter by tele/videoconference and will provide all necessary directions for the hearing, including the filing of materials and time allocated for the hearing.

The filed electronic materials by each party are limited to 10MB unless the judge grants leave to file larger materials electronically.

Criminal Remands

On March 15, 2020, the Chief Justice ordered that all criminal matters scheduled between March 16, 2020 and May 31, 2020 were remanded and returnable on June 2, 3 or 4, 2020.

By Notice to the Profession dated April 20, 2020, the Chief Justice suspended all criminal jury trials until September 2020.

By Notice to the Profession dated May 4, 2020, the Chief Justice suspended all criminal non-jury trials until, at least, July 6, 2020.

On May 5, 2020, the Chief Justice ordered that:

  1. all criminal matters remanded to June 2, 3 or 4, 2020 are further remanded to July 6, 7, and 8, 2020 at the court location at which they were to appear in June 2020; and
  2. all accused persons with matters scheduled in the SCJ in the month of June 2020 and on July 2 and 3, 2020 must now appear on July 9, 2020 at 10:00 a.m. at the court location at which they were to appear in June/July, 2020.

FAMILY MATTERS

The court will now issue Family Law Applications and Motions to Change electronically. As a result, all family matters, except those clearly urgent, must include a court file number and, where necessary and relevant, a copy of the Application/Motion to Change.

Urgent Family Matters

If a party seeks a hearing for an urgent matter, the request is to be described in an email (maximum 2 pages) setting out:

  1. the relief requested;
  2. the reason why the matter is urgent;
  3. confirmation the matter can be dealt with by way of a tele/video conference, if approved; and
  4. attaching a draft order(s).

The request must be delivered electronically to

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

If the court determines the request matter is not urgent, the party requesting the hearing will be so advised.

If the court determines that a hearing is to be held (this is not a determination that the matter is urgent), a teleconference call will be convened to deal with the directions for the filing of materials, service requirements, the time/date of the hearing and any other necessary directions.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. The body of each filed affidavit is limited to 10 pages and parties must attach only those excerpts of exhibits necessary and relevant to the issues to be decided. Copies of all relevant orders and endorsements must also be included in the electronic materials filed. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

Consent Family Motions

All consent motions must be filed electronically to

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

The electronic materials must include the motion materials, consent by all parties, email addresses for all parties and a draft approved order. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

Judges will NOT have access to court files. Copies of all relevant orders and endorsements must also be included.

Counsel/parties must advise whether a “basket motion” had been filed prior to court suspension and agree to abandon any previously filed basket motion for the same or similar relief.

A judge will review the materials and, if appropriate, issue an order as requested or amended.

In the event a judge has issues or concerns with the materials or the proposed draft order, the judge will advise the parties electronically of the deficiencies or reasons for denial of the order.

Contested Family Motions in Writing

Where all parties agree that a contested motion can be heard and decided on written materials only (that is without a tele/videoconference hearing), the parties are to agree on a timetable for the exchange of all motion materials.

Counsel/parties are encouraged to discuss and agree on what documentation should be filed with attention to eliminating duplication and including only the excerpts of exhibits that are necessary and relevant.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. The body of each filed affidavit is limited to 15 pages and must attach only those excerpts of exhibits necessary and relevant to the issues to be decided. Copies of all relevant orders and endorsements must also be included in the electronic materials filed. The electronic motion materials must include factums (maximum 20 pages), draft orders, email addresses of all counsel/parties and written confirmation by all parties to proceeding with the motion by written submissions only. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

Once all the motion materials have been prepared, counsel/parties must deliver the motion materials electronically to

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

Upon review of the materials by a judge, the judge may, in the judge’s discretion, request the parties to deal with additional issue(s) in writing or require the parties to attend a tele/videoconference.

Family Case Conferences

Consent family Case Conference by tele/videoconference

Where all parties wish to proceed with a case conference by tele/videoconference, the court will schedule and hear a case conference, limited to a 45-minute hearing, on one or two issues identified by the parties.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. Case conference briefs are limited to four (4) pages and parties must attach only those excerpts of documents necessary and relevant to the issues to be decided; proof of service; and draft order(s). Copies of all relevant orders and endorsements must also be included in the electronic materials filed. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

Counsel/parties must confirm, in their materials, that they have previously fully discussed the issues to be dealt with at the case conference or provide detailed reasons why they have not. Failure to do so, may result in the case conference not being scheduled.

The parties must be filed electronically at

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

Counsel/parties will be contacted to schedule a date/time of the conference.

No Consent that the Case Conference by tele/videoconference

Where all parties do not agree to proceed to have a case conference by way of tele/videoconference:

  1. The party seeking to conduct a case conference by tele/videoconference shall file written submissions limited to 2 pages setting out why the case conference can and should be heard by way of tele/videoconference, with particular focus on the factors set out under Rule 1.08(5) of the Rules of Civil Procedure. A copy of the submission is to be sent to all counsel/parties;
  2. The responding party(s) shall, within 5 days after the receipt of the submission, file written responding submissions setting out why the case conference should not be heard by tele/videoconference, also limited to 2 pages, with a focus on the factors set out under Rule 1.08(5) of the Rules of Civil Procedure. A copy of the submission is to be sent to all counsel/parties; and
  3. There shall be no reply submissions.

These submissions must be filed electronically at

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

The court will determine whether the case conference will proceed orally in-court upon the resumption of court operations or whether the case conference will proceed by way of tele/videoconference. Counsel/parties will be advised of the court’s decision.

If the court determines the case conference will proceed by way of tele/videoconference, a tele/videoconference will be convened with all parties for scheduling and directions.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. Case conference briefs are limited to four (4) pages and parties must attach only those excerpts of documents necessary and relevant to the issues to be decided; proof of service; and draft order(s). Copies of all relevant orders and endorsements must also be included in the electronic materials filed. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

Parties must confirm in their materials that they have previously fully discussed the issues to be dealt with at the case conference or provide detailed reasons why they have not.

Case conference briefs/materials must be filed electronically at

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

CIVIL MATTERS

Urgent Civil Matters

If a party seeks a hearing for an urgent matter, the request is to be delivered electronically (maximum 2 pages) to the court setting out:

  1. the relief requested;
  2. the reason(s) why the matter is urgent;
  3. a draft order(s);
  4. confirming the matter can be dealt with by way of a tele/videoconference hearing, if approved.

The request for a hearing must be sent to

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

If the court determines the matter is not urgent, the party requesting the hearing will be so advised.

If the court determines that a hearing should be held (this is not a determination that the matter is urgent), the court will convene a tele/videoconference for scheduling and directions.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. The body of each filed affidavit is limited to 10 pages and parties must attach only those excerpts of exhibits necessary and relevant to the issues to be decided. Copies of all relevant orders and endorsements must also be included in the electronic materials filed. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

Rule 7 and Consent Civil Motions

All Rule 7 and Consent Civil Motions must be delivered electronically to

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

The materials must include the consent by all parties, email addresses for all parties and a draft order(s). Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

Judges will NOT have access to court files. Copies of all relevant orders and endorsements must also be included.

If the parties have previously filed a “basket motion” they must advise of this and undertake to withdraw the “basket motion”.

Upon review of the materials by a judge, the judge may, in the judge’s discretion, request the parties to deal with additional issue(s) in writing or require the parties to attend a tele/videoconference. Alternatively, in the event a judge has concerns with the materials or the proposed order, the judge will provide the parties with an endorsement regarding the deficiencies or reasons for denial of the order.

Contested Civil Motions in Writing

Where all parties agree that a contested motion can be heard and decided on written materials only (that is without a tele/videoconference hearing), the parties are to agree on a timetable for the exchange of all motion materials.

Counsel/parties are encouraged to discuss and agree on what documentation should be filed with attention to eliminating duplication and attaching only the excerpts of exhibits that are necessary and relevant.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. The body of each filed affidavit is limited to 15 pages and must attach only those excerpts of exhibits necessary and relevant to the issues to be decided. Copies of all relevant orders and endorsements must also be included in the electronic materials filed. The electronic motion materials must include factums (maximum 20 pages), draft orders, email addresses of all counsel/parties and written confirmation by all parties to proceeding with the motion by written submissions only. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

Once all the motion materials have been delivered, counsel/parties must forward the motion materials electronically to

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

Upon review of the materials by a judge, the judge may, in the judge’s discretion, request the parties to deal with additional issue(s) in writing or require the parties to attend a tele/videoconference.

Civil Jury Trials (March 16, 2020 to August 31, 2020)

All parties on Central West Region civil jury trials during the above period should have received an electronic communication from the court offering a judicial pre-trial by tele/videoconference.

If you are counsel/party in an adjourned civil jury trial during the above period and have not received such a communication from the court, please advise the Trial Coordinator’s Office electronically at

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

Upon receipt of the electronic communication from the court, counsel/parties must provide the following information to the court:

  1. whether the action has been settled;
  2. if the action has not been settled, one party on behalf of all parties shall confirm the contact information for all current counsel/parties is accurately identified including municipal and email addresses;
  3. one party on behalf of all parties shall confirm that the action (and any companion or related actions) is trial ready;
  4. one party on behalf of all parties shall advise if there is a mediation scheduled and the date of the mediation;
  5. The plaintiff shall advise whether all parties consent to attend a further pre-trial conference by tele/video conference;
  6. If all parties consent to a further pre-trial, the plaintiff shall include a brief paragraph describing the nature and quantum of the claim to be tried; and
  7. If all parties consent to a further pre-trial, one party on behalf of all parties shall suggest an estimated time sought for the pre-trial (although it will be up to the pre-trial judge to set time periods for the pre-trial).

Failure to include all this required information may result in the court not scheduling a pre-trial.

If the parties request a pre-trial and have confirmed they are ready for trial, counsel/parties will be contacted with a date for a pre-trial hearing in May or June, 2020.

If the action has not been settled and no pre-trial will be conducted, the action will be dealt with at an Assignment Court upon resumption of in-court operations.

LONG CIVIL AND FAMILY MOTIONS (MARCH 16, 2020 TO MAY 31, 2020)

An email communication will shortly go out to counsel/parties on all long motions scheduled to be heard during the above time period (except for those motions which have already rescheduled with the consent of counsel/party).

Upon receipt of the communications, counsel/parties must provide the following information electronically:

  1. whether the motion has been settled;
  2. if the motion has not been settled, one party on behalf of all parties shall confirm that the contact information for all current counsel/parties is accurately identified including municipal and email addresses;
  3. one party on behalf of all parties shall confirm whether the motion is ready to proceed to a hearing;
  4. one party on behalf of all parties shall advise whether counsel/parties consent to have the motion dealt with in writing. If so, the motion will be dealt with by a judge in writing;
  5. Alternatively, one party on behalf of all parties shall advise whether all parties consent to have the motion dealt with by tele/videoconference. If there is agreement, one party on behalf of all parties shall suggest an estimated time for the motion and an allocation of time between the parties (although it will be up to the motions judge to allocate set time limits on counsel/parties for the motion). If so, the motion will be heard by tele/videoconference; and
  6. Finally, if all parties do not agree that the motion proceed in writing or by tele/videoconference, one party on behalf of all parties shall so advise the court of this disagreement electronically and the parties are to proceed in the manner set out below.

Failure to include all this required information may result in the court not scheduling the motion.

The parties shall then proceed as follows, as may be applicable in the specific case:

Long Motions- Consent to be heard in Writing

Where all parties agree that a long motion can be heard and decided on written materials only (that is without a tele/videoconference hearing), the parties are to agree on a timetable for the exchange of all motion materials.

Counsel/parties are encouraged to discuss and agree on what documentation should be filed with attention to eliminating duplication and including only the excerpts of exhibits that are necessary and relevant.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. The body of each filed affidavit is limited to 15 pages and must attach only those excerpts of exhibits necessary and relevant to the issues to be decided. Copies of all relevant orders and endorsements must also be included in the electronic materials filed. The electronic motion materials must include factums (maximum 20 pages), draft orders, email addresses of all counsel/parties and written confirmation by all parties to proceeding with the motion by written submissions only. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

The motion material must be filed at

Brampton-Peel Region Courthouse BramptonSCJCourt@ontario.ca
Milton-Halton Region Courthouse MiltonSCJCourt@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJCourt@ontario.ca
Guelph- Wellington County Courthouse Guelph.Courthouse@ontario.ca
Owen Sound- Grey County Courthouse OwenSound.SCJ.Courts@ontario.ca
Walkerton- Bruce County Courthouse Walkerton.SCJ.Courts@ontario.ca

Upon review of the materials by a judge, the judge may, in the judge’s discretion, request the parties to deal with additional issue(s) in writing or require the parties to attend a tele/videoconference.

Long Motions- Consent to be heard by Tele/Videoconference

Where all parties agree the motion is to be heard by tele/videoconference, the court will arrange for counsel/party to attend a hearing by teleconference to deal with scheduling and directions such as timetable, filing and length of materials including factums, and any other appropriate directions for the hearing.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. The body of each filed affidavit is limited to 15 pages and parties must attach only those excerpts of exhibits necessary and relevant to the issues to be decided. Copies of all relevant orders and endorsements must also be included in the electronic materials filed. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

The motion material must be filed electronically at

Brampton-Peel Region Courthouse BramptonSCJCourt@ontario.ca
Milton-Halton Region Courthouse MiltonSCJCourt@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJCourt@ontario.ca
Guelph- Wellington County Courthouse Guelph.Courthouse@ontario.ca
Owen Sound- Grey County Courthouse OwenSound.SCJ.Courts@ontario.ca
Walkerton- Bruce County Courthouse Walkerton.SCJ.Courts@ontario.ca

No Consent that Long Motion be heard by tele/videoconference

Where all parties do not consent to proceed by way of tele/videoconference:

  1. The party seeking to conduct a long motion by tele/videoconference shall file written submissions electronically limited to 2 pages setting out why the long motion can and should be heard by way of tele/videoconference, with particular focus on the factors set out under Rule 1.08(5) of the Rules of Civil Procedure. A copy of the submission is to be sent to all counsel/parties;
  2. The responding party(s) shall, within 5 days after the receipt of the submissions, file written responding submissions setting out why the long motion should not be heard by tele/videoconference, also limited to 2 pages, with a focus on the factors set out under Rule 1.08(5) of the Rules of Civil Procedure. A copy of the submission is to be sent to all counsel/parties; and
  3. There shall be no reply submissions.

These submissions must be filed electronically at

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

The court will determine whether the long motion will be heard orally in-court upon the resumption of in-court operations or by tele/videoconference. Counsel/parties will be advised of the court’s decision.

If the court determines the long motion will proceed by way of tele/videoconference, the court will arrange for teleconference to deal with scheduling and directions for the hearing.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. The body of each filed affidavit is limited to 15 pages and must attach only those excerpts of exhibits necessary and relevant to the issues to be decided. Copies of all relevant orders and endorsements must also be included in the electronic materials filed. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

The motion material must be filed electronically at

Brampton-Peel Region Courthouse BramptonSCJCourt@ontario.ca
Milton-Halton Region Courthouse MiltonSCJCourt@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJCourt@ontario.ca
Guelph- Wellington County Courthouse Guelph.Courthouse@ontario.ca
Owen Sound- Grey County Courthouse OwenSound.SCJ.Courts@ontario.ca
Walkerton- Bruce County Courthouse Walkerton.SCJ.Courts@ontario.ca

CIVIL/FAMILY ASSIGNMENT COURTS JUNE 1, 2020

By the Chief Justice’s Order dated March 15, 2020, all civil and family (jury and non-jury) trials scheduled between March 16, 2020 and May 31, 2020 were adjourned and to be spoken to at Assignment courts on June 1, 2020.

By the Chief Justice’s Order dated May 5, 2020, the courthouse suspension will continue until July 6, 2020. As a result, all non-jury trials scheduled for the month of June 2020 will also be adjourned. The Assignment Court will be rescheduled when a date has been set for the resumption of in-court operations.

CIVIL AND FAMILY MATTERS SCHEDULED JUNE 1, 2020 to July 3, 2020

Consent that Motion/Application be heard in Writing

Where all parties agree that a matter (short/regular motion, long motion or application presently scheduled during this period) can be heard and decided on written materials only (that is without a tele/videoconference hearing), the parties are to agree on a timetable for the exchange of all motion materials.

Counsel/parties are encouraged to discuss and agree on what documentation should be filed with attention to eliminating duplication and including only the excerpts of exhibits that are necessary and relevant.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. The body of each filed affidavit is limited to 15 pages and parties must attach only those excerpts of exhibits necessary and relevant to the issues to be decided. Copies of all relevant orders and endorsements must also be included in the electronic materials filed. The electronic motion materials must include factums (maximum 20 pages), draft orders, email addresses of all counsel/parties and written confirmation by all parties to proceeding with the motion by written submissions only. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

The notification to the court and the motion material must be filed electronically at

Brampton-Peel Region Courthouse BramptonSCJCourt@ontario.ca
Milton-Halton Region Courthouse MiltonSCJCourt@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJCourt@ontario.ca
Guelph- Wellington County Courthouse Guelph.Courthouse@ontario.ca
Owen Sound- Grey County Courthouse OwenSound.SCJ.Courts@ontario.ca
Walkerton- Bruce County Courthouse Walkerton.SCJ.Courts@ontario.ca

All other scheduled matters between June 1 to July 3, 2020

All other matters currently scheduled in June 2020 for motions, applications, conferences and pre-trials, will proceed to be heard by tele/videoconference on the scheduled date, unless counsel/parties are advised in advance otherwise.

While the date for the matter may remain the same, the time of the hearing may change to allow for appropriate tele/videoconferencing timing.

All timelines in the Rules of Civil Procedure or the Family Law Rules shall be complied with failing which the matter may not be heard.

If counsel/parties do not re-file any existing materials for matters during this period, then their matter will NOT be heard on the date scheduled.

Counsel/parties will be advised of the time and conference details in advance of the hearing date.

Where no consent that matter to be heard by a tele/videoconference

If either counsel/parties object to the matter proceeding by tele/videoconference,

  1. The party seeking to conduct a matter by tele/videoconference shall file written submissions electronically limited to 2 pages setting out why the matter can and should be heard by way of tele/videoconference, with particular focus on the factors set out under Rule 1.08(5) of the Rules of Civil Procedure. A copy of the submission is to be sent to all counsel/parties;
  2. The responding party(s) shall, within 5 days after the receipt of the submission, file written responding submissions setting out why the matter should not be heard by tele/videoconference, also limited to 2 pages, with a focus on the factors set out under Rule 1.08(5) of the Rules of Civil Procedure. A copy of the submission is to be sent to all counsel/parties; and
  3. There shall be no reply submissions.

These submissions must be filed electronically at

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

The court will determine whether the matter will proceed orally in-court upon the resumption of in-court hearings or whether the matter will proceed by way of tele/videoconference.

If the court determines that the matter will proceed by way of tele/videoconference, the following applies to the respective matters:

Motions/Applications

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. The body of each filed affidavit is limited to 15 pages and must attach only those excerpts of exhibits necessary and relevant to the issues to be decided. Copies of all relevant orders and endorsements must also be included in the electronic materials filed. All factums, where required, must be limited to 20 pages and filed in word format. All parties shall include draft orders in word format. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

The parties can suggest estimated time for oral submissions, but the court may allocate a different time limit for oral submissions. If so, counsel/parties will be so advised.

Please note that for long motions, if factums are NOT filed, the motion will NOT be scheduled.

The motion/application material must be filed electronically at

Brampton-Peel Region Courthouse BramptonSCJCourt@ontario.ca
Milton-Halton Region Courthouse MiltonSCJCourt@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJCourt@ontario.ca
Guelph- Wellington County Courthouse Guelph.Courthouse@ontario.ca
Owen Sound- Grey County Courthouse OwenSound.SCJ.Courts@ontario.ca
Walkerton- Bruce County Courthouse Walkerton.SCJ.Courts@ontario.ca

Confirmation forms must be filed electronically at

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

Family Conferences

The parties must file/re-file conference materials electronically.

Judges will NOT have access to court files. The filed electronic materials by each party is limited to 10MB, unless leave is granted to exceed this limit. Case conference briefs are limited to four (4) pages and must attach only those excerpts of documents necessary and relevant to the issues to be decided; proof of service; and draft order(s). Copies of all relevant orders and endorsements must also be included in the electronic materials filed. Counsel/parties must expressly include an undertaking to file the written materials when court operations resume and to pay any applicable court fees at that time.

Case conferences are limited to 45 minutes unless the court orders otherwise.

Family conference briefs must be filed electronically at

Brampton-Peel Region Courthouse BramptonSCJCourt@ontario.ca
Milton-Halton Region Courthouse MiltonSCJCourt@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJCourt@ontario.ca
Guelph- Wellington County Courthouse Guelph.Courthouse@ontario.ca
Owen Sound- Grey County Courthouse OwenSound.SCJ.Courts@ontario.ca
Walkerton- Bruce County Courthouse Walkerton.SCJ.Courts@ontario.ca

Confirmation forms must be filed electronically at

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

Pre-Trials

Counsel/parties shall file/re-file pre-trial materials electronically including pre-trial briefs limited to 20 pages with attachments to include only the necessary excerpts from any relevant document(s).

Pre-trial briefs/material must be filed electronically at

Brampton-Peel Region Courthouse BramptonSCJCourt@ontario.ca
Milton-Halton Region Courthouse MiltonSCJCourt@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJCourt@ontario.ca
Guelph- Wellington County Courthouse Guelph.Courthouse@ontario.ca
Owen Sound- Grey County Courthouse OwenSound.SCJ.Courts@ontario.ca
Walkerton- Bruce County Courthouse Walkerton.SCJ.Courts@ontario.ca

Confirmation forms must be filed electronically at

Brampton-Peel Region Courthouse scjtrialofficebrampton@ontario.ca
Milton-Halton Region Courthouse SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse OrangevilleSCJTrialOffice@ontario.ca
Guelph- Wellington County Courthouse GuelphOffice.SCJ@ontario.ca
Owen Sound- Grey County Courthouse SCJGreyBruce@ontario.ca
Walkerton- Bruce County Courthouse SCJGreyBruce@ontario.ca

POSSIBLE FURTHER EXPANSION

Any further expansion in the Central West Region will be considered based on the availability of judicial and court resources. The Central West Region will continue to consider whether it can further expand matters it hears during the court suspension.

Expansion will be considered for the following matters.

  1. All Non-Jury Trials (March 16, 2020 to June 30, 2020) adjourned due to the court suspension may be provided with an opportunity to attend a pre-trial by tele/videoconference; and
  2. Any Conferences, Motions, Applications or Pre-trials (March 16, 2020 to May 31, 2020) adjourned during this period may be provided with an opportunity to have the matter dealt with by way of tele/videoconference or a pre-trial.

Counsel/parties will be notified by way of Notice to the Profession, if and when, such further expansion takes place.

In the meantime, we ask counsel/parties in such matters to be patient. Court staff cannot provide any further or additional information on the above directions: or advise when further expansion will take place; or schedule dates for new matters; or advise when the resumption of court operations is likely to take place.

RSJ Ricchetti
May 13, 2020