Consolidated Practice Direction for the East Region

Notice of Amendment:  Effective August 1, 2016, Part 1 (Family Proceedings) is revoked and replaced by the Practice Direction Regarding Family Cases in the Superior Court of Justice East Region.

Notice of Amendment: Part II A.1 (Designated Counties for the Commencement of Mortgage Proceedings under rule 13.1.01) has been amended to change the place of commencement of Mortgage Proceedings. These amendments were made March 11, 2016 and are in effect April 1, 2016.

Notice of Amendment:  Part II A.1 (Designated Counties for the Commencement of Mortgage Proceedings under rule 13.1.01) was added on February 27, 2015 and comes into effect on March 31, 2015.

Effective July 1, 2014

This Practice Direction applies to proceedings in the Superior Court of Justice, East Region, effective July 1, 2014. It supersedes all previous region-specific Practice Directions for the East Region issued prior to July 1, 2014, which are hereby revoked.

Counsel and parties are advised to refer to the relevant Parts of the Consolidated Provincial Practice Direction as well as the Consolidated Practice Direction for Divisional Court Proceedings which are available on the Superior Court of Justice website at: uat.ontariocourts.ca/scj.

Part I: Family Proceedings

  1. This part (paragraphs 1 to 19) has been revoked and replaced by the Practice Direction Regarding Family Cases in the Superior Court of Justice East Region.

Part II: Civil Proceedings

  1. In addition to this Part, counsel and parties in civil proceedings are advised to refer to Part III of the Consolidated Provincial Practice Direction.

A. Civil Motions Court in Perth

  1. In Perth, to respond to the issue of over scheduling in Friday motion courts, it is necessary to limit the number of civil motions that are set down weekly based on the time estimates provided by counsel and parties.
  2. Counsel and parties must contact Court Administration to book motion time into the schedule. Counsel and parties will be held to the time estimate provided.
  3. Long motions, in excess of one hour, will continue to be scheduled through the Trial Coordinator’s office.

A.1 Designated Counties for the Commencement of Mortgage Proceedings under rule 13.1.01(3)

23.1

Pursuant to rule 13.1.01(3) of the Rules of Civil Procedure, Belleville, Brockville, Cornwall, Kingston, L’Orignal, Napanee, Picton, Pembroke, Perth and Ottawa have been designated as places where mortgage proceedings may be commenced for property located anywhere in the East Region.

Part III: Criminal Proceedings

A. Criminal Case Management Procedures for Ottawa under Rule 28 of the Criminal Proceedings Rules

  1. The following criminal case management procedures, in paragraphs 25 to 29, apply in Ottawa regarding Rule 28 and the requirement for Pre-Trial Conference Reports (Rule 28.04 and Form 17), Trial Readiness Courts (Rule 28.04(18)(a)) and Trial Readiness Reports (Rule 28.04(18)(b) and Form 18-C-1).
  2. Pre-Trial Conference Reports (Form 17) are not required to be filed at or before the first pre-trial in Superior Court.  They may be required at a later time as directed by the pre-trial judge.
  3. When the trial date is set, two other dates will be set at the same time and recorded on the indictment.  The first is the filing date (usually 30 days before the trial date) for the Trial Readiness Report in Form 18-C-1.  The second is a mandatory appearance in Trial Readiness Court at 12:30 p.m. on the Thursday immediately prior to the trial date.
  4. Trial Readiness Court will be held each Thursday at 12:30 p.m. with a justice presiding, usually in a courtroom on the 3rd floor.  Counsel are not required to gown.
  5. The purpose of the Trial Readiness Report (Form 18-C-1) is to inform the court and other counsel that the case is proceeding as discussed at the most recent pre-trial.
  6. If counsel or parties do not file a Trial Readiness Report by the filing date as recorded on the indictment or, if since the most recent pre-trial, there has been a change affecting the trial, all counsel and parties are required to attend the next Trial Readiness Court immediately following that filing date.

B. Notice of Application for a 90 Day Detention Review

  1. Upon receipt of a Notice of Application for a 90 Day Detention Review pursuant to section 525(1) and (2) of the Criminal Code of Canada, the following practice in paragraphs 31 to 34 will be followed.
  2. If the accused is not represented by counsel, a hearing date will be scheduled for the next bail review court date.  Notice of this hearing date will be sent to the Regional Detention Centre and the Crown Attorney’s office by the Trial Coordinator. The Crown Attorney’s office will prepare an Order to Produce to have the prisoner brought to the hearing.
  3. If the accused is represented by counsel, defence counsel will be contacted by the Trial Coordinator and asked whether he/she requests a hearing date be set or whether there will be a waiver of the hearing.
  4. If counsel waives the hearing, he/she will immediately send a letter to the Trial Coordinator confirming this waiver and a copy of this waiver will then be forwarded to the Regional Detention Centre and the Crown Attorney’s office by the Trial Coordinator.
  5. If counsel indicates that a hearing date is to be set, that hearing date will be set by a judge at the next bail review court date in the absence of the accused, but in the presence of defence counsel, after which a copy of the Notice of the Hearing Date will be sent to the Regional Detention Centre, defence counsel and the Crown Attorney’s office by the Trial Coordinator.  The Crown Attorney’s office will prepare an Order to Produce to have the prisoner brought to the hearing.

Dated: April 11, 2014

Amended: August 1, 2016; March 11, 2016; Amended: February 27, 2015 (addition of para 23.1)

Heather J. Smith
Chief Justice
Superior Court of Justice (Ontario)

James McNamara
Regional Senior Judge
Superior Court of Justice, East Region