Notice to the Profession Regarding Non-Urgent Matters in the Northeast Region (Updated May 13, 2020)

On March 17, 2020, the Chief Justice of the Ontario Superior Court of Justice (the “SCJ”), suspended all regular operations of the court to help prevent the spread of COVID-19. Beginning on that date, the SCJ heard only urgent criminal, civil, and family matters.  Nothing in this Notice is intended to conflict with or supersede the “Notice to the Profession, the Public and the Media” dated May 13, 2020, as it relates to the scope of the matters that may be heard on an urgent basis. That notice can be found at http://www.ontariocourts.ca/scj/notices-and-orders-covid-19/consolidated-notice/.

On April 6, 2020, the SCJ expanded the scope of its work. On that date, the Northeast Region began hearing certain non-urgent matters remotely, either in writing or via audio or video conference, using materials filed electronically.

The purpose of this Notice is to clarify the procedures involved and to further enlarge the scope of non-urgent matters being heard by the SCJ in the Northeast Region. This Notice is intended to replace the April 6, 2020 Notice.

PROCEDURE

Two Ways to Have Matters Brought Before a Judge

As set out in more detail below, this Notice contemplates two different ways to bring a matter before a judge during the suspension of regular services.

For certain matters, proceedings will begin with the filing of material electronically through the generic email address for the court office in the region at which the matter has been or must be commenced in accordance with a statute or rule. A list of the generic email addresses for Court Services Division (“CSD”) at each centre is set out at the end of this Notice.

For other matters, usually those that will require a hearing of some type, the proceeding will begin with the sending of a request to the trial coordinator for the centre in the region at which the matter has been or must be commenced. A list of the generic email addresses for the trial coordinators for each centre is set out at the end of this Notice.

It is important to follow the proper procedure for bringing a matter before the court. Failure to do so may result in the matter not being heard in a timely way, or at all.

Electronic Correspondence

Where this notice requires a party to write to CSD staff or to a trial coordinator (see the list below), the message or letter must be limited to the equivalent of no more than two typewritten printed pages. It must clearly set out:

  • The name of the case, using the last names of each of the parties (“R.” for the Crown, in a criminal case).
  • The court file number, if one has been assigned.
  • The particular proceeding to which the correspondence relates, e.g. a motion within a proceeding.
  • The nature of the request.

Where this notice requires a party to file materials using the generic email address for CSD in a judicial centre (see the list below), the materials must be accompanied by an email or letter clearly setting out:

  • The name of the case, using the last names of each of the parties (“R.” for the Crown, in a criminal case).
  • The court before which the case is pending (the SCJ, in this case).
  • The court file number, if one has been assigned.
  • The date of the hearing, if one has been set.

Electronic Document Filing

All matters will continue to be dealt with remotely until the court resumes regular operations. This means that all materials must be filed in digital form, following the court’s Guide Concerning e-Delivery of Documents in the Ontario Superior Court of Justice (the “Guide”), which can be found here, and the relevant provisions of r. 1.1 of the Family Law Rules, as modified by this Notice and by any province-wide Notice that may supersede it.

As set out in the Guide, digital documents may consist either of individual files or as part of a larger file (such as a motion or application record) and may be filed in either Word or PDF format. In either case, the names of individual documents must clearly reflect the contents and the date of the document, for example: “Affidavit of (name of deponent) dated (date of affidavit) in Support of the Motion to Strike”, “Affidavit of Service of the Motion to Strike”, etc. A document should not be labelled in a way that requires someone reviewing the materials to open the document to determine its significance. For example, a document should not be labelled simply “Affidavit of (Name of Deponent)”, which could refer to an affidavit of material facts or merely to an affidavit of service.

The particular proceeding to which a document relates should also be clearly identified, for example: “Motion Record of the Plaintiff on the Motion for an Injunction dated (date of the motion)”, “Responding Motion Record of the Defendant on the Motion to Strike Brought on (date of the motion)”, and “Factum of the Responding Party on the Motion for Production Brought on (date of the motion)”.

Any amendments to a document filed in a matter must be made by filing an amended document and the file name must clearly reflect that fact.

The intent is that the electronic record should stand in the place of a paper record for all purposes, including appeals.

Fees and Filing Undertakings

At present, with the exception of applications for divorce filed pursuant to r. 36(6.1) of the Family Law Rules, there is no mechanism in place for CSD staff to collect the necessary filing fees remotely. Therefore, parties filing materials electronically with respect to other matters are, by filing the materials, undertaking to pay the prescribed fees within 45 days of the SCJ resuming regular operations, or upon request, unless the fee is waived in accordance with the governing regulation.

Where materials are filed electronically, the party filing the materials is also undertaking to file the paper version of those materials with the court once the SCJ resumes regular operations, unless otherwise advised by CSD staff.

Written, Audio and Video Hearings

All matters will be heard in writing, where possible. Where necessary or desirable, matters will be heard either by audioconference or by videoconference. Where a matter proceeds in a way other than in writing, a date may first be set for a pre-hearing teleconference with a judge in order to discuss with the parties the best way in which to proceed.

MATTERS TO BE HEARD

On May 19, 2020, the SCJ in the Northeast Region will begin hearing the following matters:

Criminal Matters

1. Bail Reviews and Detention Reviews

  1. The SCJ has been hearing bail reviews under s. 520 of the Criminal Code (the “Code”) and detention reviews under s. 525 of the Code throughout the suspension. These will continue to be heard in accordance with the relevant provisions of the Code.
  2. Bail review hearings will be arranged by the trial coordinator upon receipt of a written request, sent to the generic email address of the trial coordinator for the appropriate centre (see the list below).
  3. Detention review hearings will be arranged by the trial coordinator according to the practice in the particular judicial centre within the region.
  4. Once a date for a bail or detention review hearing is set, the trial coordinator will notify CSD staff, who will ensure that the court is provided with a scanned copy of the indictment in advance of the hearing, where one has been filed.
  5. The trial coordinator may also arrange a pre-hearing conference with a judge in order to determine the manner in which the hearing will take place.
  6. Counsel should ensure that the provisions of the Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (“the Criminal Proceedings Rules”) are followed. Rule 20 relates specifically to bail reviews.
  7. It is counsel’s responsibility to file electronic copies of all documents, other than the indictment (where one exists), to which reference will be made during the hearing. CSD staff will not be responsible for scanning paper documents except, where necessary, orders made by the judge following the hearing.
  8. Material for use on a bail or detention review must be filed by sending the material to CSD staff using the generic email address listed below. The materials must comply with the Electronic Document Filing guidelines set out above.
  9. While facilities do exist that will allow accused persons who are in custody to attend bail review hearings via audio or video, these facilities are in high demand at custodial facilities. Section 520(3) of the Code provides that a bail review can take place in the absence of the accused, except where the accused, the accused’s counsel, or the prosecutor requests that the accused be present. Given the difficulty in securing audio and video links to custodial facilities, the parties are urged to consider whether the accused needs to attend the bail review.
  10. There is no specific reference relating to the attendance of an accused for the purpose of a detention review under s. 525 of the Code. Section 502.1 provides that an accused who is required to appear under that part of the Code may appear via audio or video conference, provided that arrangements satisfactory to the judge are made in advance. Therefore, unless the presiding judge orders otherwise, the detention review will take place in the absence of the accused.
  11. Where the evidence of a surety may be called during a hearing, counsel are responsible for ensuring that the surety can participate by audio or by video conference, as the case may require. Before a potential surety is provided with the information necessary to join the audio or video conference by the trial coordinator, the surety must undertake not to interrupt the proceedings, not to publish the information in any way, and not to use the information for any purpose other than participating in the subject proceedings.
  12. In accordance with procedures developed since the suspension of regular operations, it will not be necessary for either the accused or the sureties to sign the original release documents.

2. Criminal – Judicial Pre-Trial Conferences (“JPTs”)

  1. JPTs will be held pursuant to s. 625.1 of the Code and r. 28 of the Criminal Proceedings Rules with respect to all criminal matters which have not been resolved since March 17, 2020.
  2. The JPT will not be restricted solely to exploring resolution. Where a case is not resolved at the JPT, it will be triaged for the purpose of trial management (see the discussion below regarding judge alone trials).
  3. All JPTs will be arranged by the office of the trial coordinator in the centre at which the case is pending in accordance with the procedure set out in r. 28. The JPT will be scheduled either by the court on its motion or upon receipt of a written request by either party, sent using the generic email address for the trial coordinator at the appropriate court location (see the list below).
  4. Once a date for the JPT is set, the trial coordinator will notify CSD staff, who will ensure that the court is provided with a scanned copy of the indictment in advance of the conference.
  5. The trial coordinator may also arrange a conference with a judge in advance of the JPT in order to determine the manner in which the JPT will take place.
  6. In accordance with r. 28, pre-hearing conference briefs will be in Form 17 (see the Provincial Practice Direction effective May 21, 2019). Counsel are expected to file a joint pre-hearing conference brief. However, the statement of the Crown position on sentence, the accused person’s criminal record, and the synopsis of the evidence will be filed as separate documents by the Crown, clearly identified as such. This is to allow the pre-hearing conference brief to be shared with the trial judge. A Report to Trial Judge (see r. 28(16)) will not be prepared by the judge presiding at the JPT.
  7. The pre-hearing conference brief must be filed using the generic email address for CSD (see the list below). The communication accompanying the brief must comply with the Electronic Communication Guide set out above.
  8. In addition to the issues that are raised in the Form 17 pre-hearing conference brief, counsel should be prepared to discuss the best way in which the case can proceed to trial, if possible, during the pandemic. At the conclusion of the JPT, the presiding judge will prepare an endorsement setting out the issues to be resolved and the manner in which the case will proceed during the suspension, where that is possible. This will replace the Report to Trial Coordinator in Form 18-B of the Criminal Proceedings Rules.

3. Guilty Pleas

  1. Throughout the suspension, the SCJ has heard guilty pleas and conducted sentencing hearings where the accused person was in custody. The court will now hear guilty pleas and conduct sentencing hearings for all matters. However, sentencing will not be undertaken in matters where the accused person is not presently in custody and where the sentence will involve the immediate imposition of a period of custody, other than a conditional sentence, unless requested by the accused.
  2. All pleas of guilt and sentencing hearings will be arranged through the office of the trial coordinator by sending a request to the trial coordinator using the generic email address for the appropriate court location (see the list below).
  3. Once a date for the plea is set, the trial coordinator will notify CSD staff, who will ensure that the court is provided with a scanned copy of the indictment in advance of the hearing.
  4. The trial coordinator may also arrange a pre-hearing conference with a judge in order to determine the manner in which the hearing will take place.
  5. Counsel are directed to ss. 650, 650.01, 715.23 and 715.24 of the Code with respect to the court’s ability to proceed via video conference, audio conference or in the absence of the accused. The matter may only proceed via audio conference with the consent of the accused unless he is represented by designated counsel.
  6. The parties are responsible for filing electronic copies of all documents and exhibits, other than the indictment, to which reference will be made during the hearing. CSD staff will not be responsible for scanning paper documents of any type other than the indictment and, where necessary, orders made by the judge following the hearing.
  7. The parties must file materials by sending them to CSD staff using the generic email address listed below. The materials must comply with the Electronic Document Filing guidelines set out above.
  8. Counsel are also directed to s. 715.25 with respect to the ability of a person other than the accused to participate via audio or video conference.
  9. The Crown will be responsible for advising the trial coordinator if a victim wishes to participate in the proceeding, in which case the trial coordinator will endeavour to make arrangements with the Crown to allow the victim(s) to participate via audio or video conference. Where possible, victim participation should be facilitated by a means other than by providing the victim(s) with information allowing them to access one of the limited number of teleconference lines available to the court.
  10. Before being provided with the information necessary to join the audio or video conference by the trial coordinator, victims wishing to participate must undertake not to interrupt the proceedings, not to publish the information in any way, and not to use the information for any purpose other than participating in the subject proceedings.

4. Pre-trial Applications

  1. The court will hear pre-trial applications where it is possible to hear them remotely.
  2. Some pre-trial applications are more amenable to being heard remotely than others. This is generally true of applications that do not involve viva voce Such applications might include disclosure applications, applications for a stay under s. 11(b) of the Charter and applications to change the venue of a trial.
  3. It may also be possible to hear certain applications that do involve viva voce This may be true, for example, where the credibility of a witness is not in issue.
  4. A party wishing to have the court hear a pre-trial application will make a request to the trial coordinator for the centre in which the case is pending, using the generic email address for the trial coordinator (see the list below). The request will be vetted by a judge, who may require that a pre-hearing conference be convened in order to determine if and how the pre-trial application can proceed. Where the pre-trial application can proceed, a date will be set by the trial coordinator.
  5. Once a date for the application is set, the trial coordinator will notify CSD staff, who will ensure that the court is provided with a scanned copy of the indictment in advance of the hearing.
  6. The parties will be required to comply with the provisions of the Code and the Criminal Proceedings Rules relating to the particular application.
  7. The parties must file materials by sending them to CSD staff using the generic email address listed below. The materials must comply with the Electronic Document Filing guidelines set out above.

5. Judge Alone Trials

  1. As with pre-trial applications, it may be possible to conduct a trial remotely, depending on the nature of the case. At the present time, it is not possible to conduct a jury trial remotely. Therefore, the parties are asked to give serious consideration to the possibility of a re-election under s. 561 of the Code. This possibility will be canvassed with the parties at the JPT.
  2. Where a case is to be tried before a judge alone, the possibility of having the trial proceed remotely will be also canvassed by the judge at the JPT.

6. Summary Conviction Appeals

  1. Summary conviction appeals pose a particular problem during the pandemic because of the nature of the record in the court from which the appeal is taken. Most records are in paper form.
  2. Inmate appeals will be heard on an urgent basis and will proceed in accordance with the provisions of r. 40 of the Criminal Proceedings Rules. However, where possible, the inmate should begin the appeal by having the senior official of the institution in which the inmate is confined send the notice of appeal to CSD electronically, using the generic email address for the centre in which the proceeding appealed from was held, providing that centre is within the Northeast Region.
  3. Upon receipt of an inmate’s notice of appeal, CSD staff will conduct an inquiry to determine the nature of the record of the proceedings from which the appeal is taken and will forward that information and the notice of appeal to the trial coordinator. The trial coordinator will convene a conference call between a judge, the inmate, and the clerk of the court from which the appeal is taken to determine how the appeal will proceed.
  4. Appeals other than inmate appeals may only proceed where the record in the court from which the appeal is taken is in digital form or can be converted by a party to digital form. CSD will not be responsible for scanning any part of the record.
  5. Where the record before the court from which the appeal was taken was in digital form, the appeal will proceed in accordance with r. 40 of the Criminal Proceedings Rules, modified as the circumstances require. Where the appellant believes that the record before the court from which the appeal was taken can be converted to digital form, the appellant will write to the trial coordinator with a request for a conference with a judge. The trial coordinator will convene a conference call between a judge and the parties to determine if and how the appeal will proceed.
  6. Crown appeals which, if successful, could result in an accused person being placed into custody will not proceed during the suspension of the court’s regular operations.
  7. As set out above, where possible, the appeal should proceed in writing. Where necessary or desirable, a date for a hearing will be set.
  8. The parties must file materials by sending them to CSD staff using the generic email address listed below. The materials must comply with the Electronic Document Filing guidelines set out above.

Family Matters

1. Motions Brought Using Form 14B under Rule 14(10) of the Family Law Rules

  1. Procedural, uncomplicated, or unopposed motions may be made by submitting the materials required by the Family Law Rules electronically via CSD’s generic email address for the appropriate court site (see the list below).

2. Motions to Change Brought Using Form 14B under Rules 15(15), 15(16), 15(17) and 15(19) of the Family Law Rules

  1. Unopposed and consent motions to change may be made by submitting the materials called for by the Family Law Rules electronically via CSD’s generic email address for the appropriate court site (see the list below).

3. Motions to Change Brought using Form 15D under Rule 15(18) of the Family Law Rules

  1. Consent motions to change child support may be made by submitting the materials required by the Family Law Rules electronically via CSD’s generic email address for the appropriate court site (see the list below).

4. Joint Divorce Applications

  1. Rule 36(6.1) already provides for the filing of divorce applications electronically through an online portal, found here.
  2. In addition to processing applications filed through the online portal, the court will deal with joint divorce applications filed electronically through CSD’s generic email address (see the list below). However, applicants are cautioned that the processing of the application may be delayed due to the fact that CSD is operating with reduced staff over reduced hours. Further information can be found here.

5. Other Divorce Applications

  1. An application for divorce may be commenced by filing the materials required by the Family Law Rules via email to CSD’s generic email address for the court location at which the divorce application must be commenced (see the list below). The applicant must provide information that will allow the court to contact the respondent by email and/or telephone.
  2. Where a divorce application was filed (on paper) before the court suspended operations and is still pending, a digital copy must be filed in its place. CSD staff will not be responsible for scanning any part of the file. The message accompanying the digital materials must indicate that a paper copy was filed previously and that the applicant will be relying, instead, on the digital version.
  3. By virtue of an order made under the Emergency Management and Civil Protection Act, the time limit prescribed for responding to a divorce application has been suspended, effective March 16, 2020. Nonetheless, the suspension of time is subject to the discretion of the court.
  4. Where no response has been received to a divorce application within the time prescribed, CSD will notify the trial coordinator for the centre in which the application has been filed. The trial coordinator will arrange a case conference with the parties at which the presiding judge may impose a deadline for the filing of responding materials. Where the responding party fails to attend the conference or does not meet the deadline, the application may proceed as being unopposed, at the discretion of the presiding judge.

6. Case Conferences

  1. A party may send a request for a case conference to the trial coordinator using the generic email address for the trial coordinator for the centre in which the case is pending (see the list below).
  2. The trial coordinator may schedule a telephone conference between the parties and a judge for the purpose of determining how best to proceed with the case conference.
  3. Once a date has been set for the conference, the trial coordinator will notify CSD staff, who will ensure that the court is provided with an electronic copy of the latest endorsement on the file.
  4. The parties must comply with the Family Law Rules relating to case conferences, including the confirmation requirements set out in r. 17(14). However, confirmations must be filed by sending an electronic copy to both CSD staff and the trial coordinator using the generic email addresses set out below.
  5. Case conference briefs must be no more than ten typewritten pages in length, including attachments (using the form required by the Family Law Rules and a font size of 12 or more for any attachments), unless otherwise ordered by a judge. The briefs must be filed by sending the materials to CSD staff using the generic email address set out below.
  6. The materials must comply with the Electronic Document Filing guidelines set out above.
  7. Counsel must ensure that his or her client will be available during the conference to provide instructions.
  8. Before being provided with the information necessary to join the audio or video conference by the trial coordinator, clients and self-represented litigants must undertake not to interrupt the proceedings, not to publish the information in any way, and not to use the information for any purpose other than participating in the subject proceedings.

7. Settlement Conferences

  1. A party may send a request for a settlement conference to the trial coordinator using the generic email address for the trial coordinator for the centre in which the case is pending (see the list below) and must accompany the request with the materials required by the Family Law Rules.
  2. The trial coordinator may schedule a telephone conference between the parties and a judge for the purpose of determining how best to proceed with the settlement conference.
  3. Once a date has been set for the conference, the trial coordinator will notify CSD staff, who will ensure that the court is provided with an electronic copy of the last endorsement on the file.
  4. The parties must comply with the Family Law Rules relating to settlement conferences, including the confirmation requirements set out in r. 17(14). However, it will not be necessary for the parties to complete a Trial Scheduling Endorsement Form. However, confirmations must be filed by sending an electronic copy to both CSD staff and the trial coordinator using the generic email address set out below.
  5. Settlement conference briefs must be no more than ten typewritten pages in length, including attachments (using the form required by the Family Law Rules and a font size of 12 or more for any attachments), unless otherwise ordered by a judge.
  6. The briefs must be filed by sending the materials to CSD staff using the generic email address set out below.
  7. The materials must comply with the Electronic Document Filing guidelines set out above.
  8. Counsel must ensure that his or her client will be available during the conference to provide instructions.
  9. Before being provided with the information necessary to join the audio or video conference by the trial coordinator, clients and self-represented litigants must undertake not to interrupt the proceedings, not to publish the information in any way, and not to use the information for any purpose other than participating in the subject proceedings.

8. Contested Motions

  1. The court will hear contested motions, depending on the complexity of the motion.
  2. As set out above, where possible, motions should proceed in writing. Where necessary or desirable, they may proceed via audio or video conference.
  3. A written motion may be made by sending the materials to the generic email address for CSD staff at the centre in which the case is pending (see the list below).
  4. Where a motion is not made only in writing, the moving party must send a request for a hearing via email to the trial coordinator at the centre in which the case is pending (see the list below). The trial coordinator may schedule a conference between the parties and a judge to determine how the motion should proceed before setting a date for the motion.
  5. Once a date is set for the motion, the parties will be expected to comply with the Family Law Rules relating to motions, including the confirmation requirements set out in r. 14(11). However, confirmations must be filed by sending an electronic copy to both CSD staff and the trial coordinator using the generic email addresses set out below.
  6. The parties must file materials by sending them to CSD staff using the generic email address listed below. The materials must comply with the Electronic Document Filing guidelines set out above.
  7. Regardless of the nature of the motion, unless the presiding judge orders otherwise, the motion materials filed by the parties must include a factum of no more than six typewritten pages in length. The factum must be in Word format. It must clearly identify the party filing it and the proceeding to which it relates, as set out in the Electronic Document Filing guidelines above. The factum must also succinctly set out the nature of the motion, the relief requested, the issue(s) raised in the motion, the facts relied upon from the affidavits filed, and the applicable law. Rather than attaching an entire document, relevant excerpts should be included in the factum. References to case law must made be by hyperlink to CanLII, where possible. Where that is not possible, a link to a downloaded version of the case must be included.
  8. The party bringing the motion must file a draft order in Word format for consideration by the judge.

Civil Matters

1. Estates

  1. To the extent that CSD staff are able to process them during the suspension, routine estates matters may proceed.
  2. The materials required by the Rules of Civil Procedure must be filed electronically via email to CSD’s generic email address for the court location at which the relevant legislation requires the materials to be filed (see the list below).
  3. In addition to providing a digital copy of the will with the materials filed electronically, the applicant must provide the original will by depositing it directly at the court office. Note that court offices are operating with reduced staff over reduced hours. Further information can be found here.

2. Civil – Judicial Pre-trial Conferences (“JPTs”)

  1. JPTs will be held in accordance with r. 50 of the Rules of Civil Procedure, modified as the circumstances require.
  2. All JPTs will be arranged by and through the office of the trial coordinator in each centre.
  3. To request a JPT, the parties must file a request using the generic email address of the trial coordinator for the centre in which the case is pending (see the list below).
  4. The JPT will proceed by way of audio conference, unless otherwise ordered by the court. If a party wishes the JPT to proceed by video conference, a request to that effect must be sent to the trial coordinator. The party must explain why the JPT should not proceed by audio conference.
  5. Once a date for the JPT is set, the trial coordinator will notify CSD staff.
  6. Pre-trial conference briefs should not exceed 20 typewritten pages in total. Rather than attaching an entire document, relevant excerpts should be in the narrative portion of the brief. Briefs must be filed by sending the materials to CSD staff, using the generic email addresses set out below.
  7. The materials must comply with the Electronic Document Filing guidelines set out above.
  8. Counsel must ensure that his or her client will be available during the conference to provide instructions.
  9. Before being provided with the information necessary to join the audio or video conference by the trial coordinator, clients and self-represented litigants must undertake not to interrupt the proceedings, not to publish the information in any way, and not to use the information for any purpose other than participating in the subject proceedings.

3. Motions Involving Orders on Consent

  1. Motions involving orders on consent may be made by submitting the materials called for by the Rules of Civil Procedure electronically via CSD’s generic email address for the relevant court site (see the list below).
  2. The materials must be no more than 10 pages in length (using the formatting required by the Rules of Civil Procedure), unless otherwise ordered by a judge. References to attachments must be by hyperlink. Hyperlinks to case law will be to CanLII, where possible. Where that is not possible, a link to a downloaded version of the case must be included.

4. Motions and Applications for the Approval of Settlements under Rule 7 of the Rules of Civil Procedure

  1. Motions and applications for approval of settlements may be made by submitting the materials called for by the Rules of Civil Procedure electronically via CSD’s generic email address for each court site (see the list below).
  2. Supporting material, such as expert reports, will be included by way of hyperlink. Hyperlinks to case law will be to CanLII, where possible. Where that is not possible, a link to a downloaded version of the case must be included.

5. Contested Motions and Applications

  1. The court will hear contested motions and applications, depending on the complexity of the matter.
  2. As set out above, where possible, matters should proceed in writing. Where necessary or desirable, they may proceed via audio or video conference.
  3. The Rules of Civil Procedure do not specifically provide for the hearing of applications in writing. For the purposes of this Notice, the practice with respect to applications in writing shall be the same as that applicable to motions in writing, modified as the circumstances require.
  4. A written motion or application may be made by sending the materials to the generic email address for CSD staff at the centre in which the case is pending (see the list below). The materials must comply with the Electronic Document Filing guidelines set out above.
  5. Where a motion is not made only in writing, the moving party must send a request for a hearing via email to the trial coordinator at the centre in which the case is pending (see the list below). The trial coordinator may schedule a conference between the parties and a judge to determine how the motion should proceed before setting a date for the motion.
  6. Once a date is set for the motion, the parties will be expected to comply with the Rules of Civil Procedure relating to motions and applications, including the confirmation requirements set out in rr. 37.10.1 and 38.09.1. However, confirmations must be filed by sending an electronic copy to both CSD staff and the trial coordinator through the generic email addresses set out below.
  7. The parties must file materials by sending them to CSD staff using the generic email address listed below. The materials must comply with the Electronic Document Filing guidelines set out above.
  8. Regardless of the nature of the motion, unless the presiding judge orders otherwise, the motion materials filed by the parties must include a factum of no more than six typewritten pages in length. The factum must be in Word format. It must clearly identify the party filing it and the proceeding to which it relates, as set out in the Electronic Document Filing guidelines set out above. The factum must also succinctly set out the nature of the motion, the relief requested, the issue(s) raised in the motion, the facts relied upon from the affidavits filed, and the applicable law. Rather than attaching an entire document, relevant excerpts should be included in the factum. References to case law must made be by hyperlink to CanLII, where possible. Where that is not possible, a link to a downloaded version of the case must be included.
  9. The party bringing the motion must file a draft order in Word format for consideration by the judge.

A list of the generic email addresses for CSD at each court location can be found here:

SCJ Locations CSD Generic E-mail Address
Cochrane cochranecourthouse@ontario.ca
Gore Bay / Manitoulin gorebaycourthouse@ontario.ca
Haileybury haileyburycourthouse@ontario.ca
North Bay northbaycourthouse@ontario.ca
Parry Sound parrysoundcourthouse@ontario.ca
Sault Ste. Marie saultstemariecourthouse@ontario.ca
Sudbury sudburycourthouse@ontario.ca
Timmins cochranecourthouse@ontario.ca

A list of the generic email addresses for the trial coordinators at each court location can be found here:

SCJ Locations Trial Coordinator Generic E-mail Address
Cochrane Cochrane.SCJ.TC@ontario.ca
Gore Bay / Manitoulin GoreBaySCJTC@ontario.ca
Haileybury Haileybury.scj.tc@ontario.ca
North Bay NorthBay.scj.tc@ontario.ca
Parry Sound ParrySound.scj.tc@ontario.ca
Sault Ste. Marie SaultSteMarie.scj.tc@ontario.ca
Sudbury Sudbury.SCJ.TC@ontario.ca
Timmins Cochrane.SCJ.TC@ontario.ca

The Honourable M. Gregory Ellies
Regional Senior Judge for the Northeast Region
May 13, 2020