Notice to the profession re criminal law applications


This notice has been superseded by Chief Justice Morawetz. Please see the Notices and Orders tab and for current information.

Notice to the Profession regarding criminal law applications in the Superior Court of Justice that were not addressed at a Pre-trial Conference

Counsel are reminded that where an application has not been indicated on counsel’s Pre-trial Conference Report (Form 17) or discussed at the Superior Court judicial pre-trial conference, that counsel are required to provide written notice of the new application to the Crown, any co-accused, any other relevant parties and the Superior Court of Justice Trial Coordinator and arrange for a further pre-trial conference.  Rule 28:04 (11)

Where a new application is brought counsel must file any notices, records, facta, books of authorities and other materials required by the rules unless a judge orders otherwise.  Rule 28:04(11)

The failure to comply with the subrules may result in any application for which counsel has not complied with the rules not being heard by the trial judge. Rule 28:04(12)

Chief Justice Heather J. Smith
Superior Court of Justice

June 28, 2019