Effective June 30, 2025.

This Practice Direction applies to all proceedings in the Superior Court of Justice, Central East Region. It supersedes all previous region-specific Practice Directions and Notices to the Profession for the Central East Region. Counsel and parties are advised to refer to the relevant Parts of the Consolidated Provincial Practice Directions.

Part 1: Preliminary Matters

A. Presumptive Mode of Hearing

  1. For complete information on the Presumptive Mode of Hearing Guidelines for the Superior Court of Justice Guidelines, please see:

Guidelines To Determine Mode of Proceeding in Civil | Superior Court of Justice

  1. The chart below lists the presumptive modes of hearing for matters in the Central East region.

Civil

Event In person Virtual In writing
Jury trials X
Non-jury trials X
Judge-alone trials X
Pre-trial conferences involving trial management and scheduling issues only X
Pre-trial conferences: settlement and trial management conferences X
Case conferences/case management X
Costs X
Assessment hearings X
Triage Court X
Consent motions, without notice motions, and unopposed Motions X
Contested Short Motions and Applications X
Contested Long Motions and Applications X

Family

EVENT In-Person Virtual In-Writing
Early or Urgent Case Conferences X
Urgent Motions X X
Without Notice/Ex-Parte Motions X
Case Conferences X
Settlement Conferences X
Trial Scheduling Conferences X
Trial Management Conferences X
Procedural & Consent motions (14B, 23C) X
Short motions * see paragraph 176-178 below X X*
Long Motions X
Trials X
DRO conferences  X
FRO X

Child Protection

EVENT In-Person Virtual In-Writing
TBST, Appearances, short (one-hour) motions X
Procedural & Consent Motions (14B) X
Summary Judgment Motions X X Newmarket & Barrie & Oshawa
Temporary Care Hearings X
Trials X
Settlement Conferences X Barrie X Oshawa & Newmarket

 

Criminal

EVENT In Person Virtual In Writing
Jury trial X
Non-jury trial X
Pre-trial motions X
Guilty Pleas X
Sentencing Hearing X
Assignment Court /TBST/First Appearance X
Summary Conviction Appeal X
Judicial Pre-trials X
Bail Hearings/Bail Reviews X
/90-Day Detention Reviews (Myers review) X

 

B. Change to Presumptive Mode of Hearing

  1. All events that have been scheduled as a virtual hearing prior to the release of this Notice will proceed as scheduled as a virtual hearing despite the Guidelines. As new events are being scheduled, they will proceed in accordance with this Notice and in accordance with the Guidelines.
  2. All events that are being scheduled on or after March 1, 2024 will proceed in the presumptive mode of hearing set out above unless a judge or where applicable an associate justice, prior to the hearing, has directed otherwise.
  3. Any party seeking to change the presumptive mode of hearing for an event must raise this request with the court at the earliest opportunity and no later than the first scheduled the event.
  4. The request must be made in writing and emailed to the Trial Coordinator’s Office, copied to all other parties.
  5. Failure to raise this at the first available opportunity will result in the event proceeding in the presumptive mode of hearing. The request will not be considered on the scheduled hearing date.

Criminal Events

  1. Any party seeking to change the presumptive mode of hearing for an event must raise this request no less than 60 days before the event with the presiding judge or their designate. The accused mustbe present in person or via video link for this request.
  2. A written request must be sent to the Trial Coordinator’s Office, which will schedule a virtual or in person attendance before a judge.
  3. Failure to raise this at the first available opportunity will result in the event proceeding in the presumptive mode of hearing. The request will not be considered on the scheduled hearing date.

C. Filing Court Documents

  1. Documents must be filed electronically. It is expected that written materials and documents for criminal, family and civil matters will be filed with the court electronically. If, however, a party is unable to file materials and documents electronically, they may file same in person at the courthouse filing office, together with an explanation of why electronic filing is not feasible.
  2. Information regarding standard document naming protocols and the electronic filing of materials for Court and Court fee payments is contained in the Consolidated Provincial Practice Directions.
  3. PLEASE ENSURE STRICT COMPLIANCE WITH TIMELINES and COURT FILING DOCUMENT STANDARDS. Court documents which do not comply with these document standards, including the maximum length for such documents, will NOT be accepted (i) for filing; and (ii) shall not be uploaded to Case Center.
  4. Compendiums: in civil matters, where counsel file more than twenty-five (25) pages of documentary evidence, whether by affidavit or otherwise, counsel must, in addition to the filing of such documentation, file a Compendium which shall contain only those documents and caselaw that counsel intend to refer to in argument. Failure to comply may result in your matter not being heard.

Family

  1. Documents with a filing deadline of five days or lesssuch as without-notice motions, responding party materials on regular motions, responding party family conference briefs or confirmation forms can be filed by e-mail to the address set out below.
Centre CSD Mailbox
Barrie, including Midland & Collingwood BarrieSCJFamily@ontario.ca
Bracebridge Bracebridge.courts@ontario.ca
Orillia Orillia.courts@ontario.ca
Newmarket NewmarketSCJFamily@ontario.ca
Oshawa DurhamSCJFamily@ontario.ca
Peterborough PeterboroughSCJFamily@ontario.ca
Lindsay Lindsay.courts@ontario.ca
Cobourg Cobourg.court@ontario.ca

Criminal

  1. All filings for Criminal matters are to be filed through the following email addresses:

Barrie – Barrie.SCJ.courts@ontario.ca

Bracebridge – Bracebridge.courts@ontario.ca

Cobourg – Cobourg.court@ontario.ca

Lindsay – Lindsay.courts@ontario.ca

Newmarket – yorkcrimSCJ@ontario.ca

Oshawa – Durham.SCJ.Courts@ontario.ca

Peterborough – Peterborough.scj.courts@ontario.ca

  1. For further direction, please refer to the Consolidated Provincial Practice Direction in Criminal Proceedings.
  2. Court documents which do not comply with these document standards, including the maximum length for such documentswill NOT be accepted for filing (and therefore cannot be uploaded to Case Center).
  3. PLEASE ENSURE STRICT COMPLIANCE WITH TIMELINES and COURT FILING DOCUMENT STANDARDS.

D. Uploading to Case Center

  1. Parties are expected to comply with the requirements for uploading materials outlined in the Provincial Practice Directions and the following document Case Center in the Superior Court of Justice: A Guide to Requirements | Superior Court of Justice, located on the court’s website. These include deadlines to upload materials to Case Center ahead of a hearing, requirements for the materials which are uploaded, and guidelines on the material that should not be uploaded to Case Center.

E. Scheduling with Calendly

  1. Calendly will be used in Central East Region to facilitate scheduling the following appearances:
    • Regionally – Civil Pre-trials, , Central East Triage Court;
    • Newmarket – Family Dispute Resolution Officer (DRO) Conferences; and
    • Barrie – Family Dispute Resolution Officer (DRO) Conferences.
  1. Please refer to the tip sheet which is posted on the court’s website. This tip sheet can be found here: Calendly Tip Sheet for Counsel and Self-Represented Parties.
  2. The links for each matter which uses Calendly are set out below:

Regional

Civil – Pre-trials: https://calendly.com/ce-civil-pretrials

Civil – Triage Court for Administrative Dismissals: https://calendly.com/ce-civil

Civil –Triage Court: https://calendly.com/ce-civil

Newmarket

Family – Dispute Resolution Officer Conferences (DROs): https://calendly.com/ce-newmarket-dro

Barrie

Family – Dispute Resolution Officer Conferences (DROs): https://calendly.com/ce-barrie-dro

  1. Additional steps are set out in this Consolidated Practice Direction for specific events.

Part 2: Civil Proceedings

A. Designated Counties for the Commencement of Mortgage Proceedings

  1. Pursuant to Rule 13.1.01(3) of the Rules of Civil Procedure, which came into effect on March 31, 2015, Barrie or Oshawa are designated as the places for where mortgage proceedings may be commenced for property located anywhere in the Central East Region.

B. Motions

1. Motions to Transfer a Civil Proceeding

  1. Motions to transfer a proceeding from one region to another shall be brought in accordance with the Consolidated Provincial Practice Direction for Civil Proceedings and must comply with Rule 13. 1.02 of the Rules of Civil Procedure.
  2. All such motions by the parties must be brought in the judicial region to which the proceeding is sought to be transferred.
  1. The court may, on its own initiative, at a motion or other hearing, transfer of the proceeding to another judicial region where appropriate.

2. Motions in Writing

  1. Where all interested parties agree that a motion may be decided on written materials and by written submissions (without an attendance in person or virtually) under Rule 37.12.1, then the parties must agree on a timetable and when all court documents are ready, file same with the court in accordance with Part 2.
  2. Uploading to Case Center is NOT required.
  3. Motions in writing will be forwarded to a presiding judge to be dealt with as expeditiously as possible.

3. Rule 7 Motions

  1. Rule7 of the Rules of Civil Procedure addresses the approval of proposed settlements for parties under disability. In the Central East Region, Rule 7 motions and applications should be submitted as in-writing motions through the filing office. It is the responsibility of counsel to clearly indicate that a motion or application falls under Rule. If counsel and parties wish to have their Rule 7 motion heard in person, they should send an email to the local Trial Coordinator, who will then forward the request to the respective judge.
  2. Uploading to Case Center is NOT required for in-writing Rule7 motions.

4. Consent, Without Notice, and Unopposed Motions (Basket Motions)

  1. Simple, procedural, consent, and uncontested matters must be brought as a basket motion. A draft Order must be filed in Word and PDF format.
  2. Where these motions are brought on a regular or short motions list, the motion judge will direct the party to file the “basket motion” and may make a cost award against the party bringing the regular motion.
  3. All basket motions in writing must be filed with the court office in accordance with the filing requirements above and payment of the applicable filing fee being made. They will be put before a judge in chambers for review in the normal course. Basket motions may not be “filed” by delivering them to the Trial Co-ordinator for a judge to review, or by sending them by email or otherwise directly to a judge of the court.
  4. Uploading to Case Center is NOT required for basket motions.
  5. Contested motions (and those anticipated to be opposed or unknown whether they will be opposed) should notbe heard as basket motions. These motions should be scheduled and heard in a motions court.
  6. The judge or associate judge reviewing the “basket motion” may ask for further submissions or refer part or all of the matter to a viva voce The judge may also direct that notice of the motion be served on other side or direct that the motion be heard in open court (on notice to all other interested parties).

5. Short Motions (One hour or less)

a) Scheduling the Short Motion
  1. Motions that are expected to take one hour or less must be scheduled on a regular motions day by contacting the Trial Office, filing the motion material at the court office at the location where the motion is to be heard and also filing through the JSO Civil Portal.
  2. Filing a cross-motion(s) does NOT extend the estimated time for the motion to be heard (the estimated time remains less than one hour otherwise a long motion date must be obtained).
  3. The presiding judge may adjourn a short motion where a reasonable estimate of time for the short motion exceeds one hour to deal with all the issues.
  4. Parties must serve and filethe short motion materials including the Affidavit of Service. Subsequently, all materials must be uploaded to Case Center.
b) Filing and Uploading Motion Materials
  1. The moving and responding parties must comply with the filing requirements set out above. The parties must comply with the Uploading of Documents set out above. Uploading of all motion materials must be done on or before the day and time for filing a Confirmation.
  2. Late filing of short motion documents or filing documents that fail to meet document standards under Rule 4 of the Rules of Civil Procedure, will not be accepted by the court staff and, therefore, are not permitted to be uploaded to Case Center.
  3. A party’s request to allow late-filed or late-served motion materials shall be addressed by the presiding motions judge who will determine whether the motion will proceed with or without the late materials or if it will be adjourned. If adjourned, cost consequences may result.
c) Confirmations
  1. A Confirmation (Form 37B or 38B) must be filed and uploaded to Case Center:
    1. By the moving party by 2:00 pm, five (5) days before the hearing;
    2. The responding party by 10:00 am four (4) business days before the hearing; and/or,
    3. The parties may file a Confirmation jointly on or before 2:00 pm, five (5) days before the hearing.
  1. The parties or their counsel should consult with each other prior to filing their Confirmations unless the parties are self-represented and prohibited by court order from communicating.
  2. Where a Confirmation has not been filed and uploaded to Case Center by either party, the short motion will not proceed, and the date will be vacated.
  3. The Confirmation must list only the specific issues that are to be decided at the event. They should also indicate which materials the judge should review with clear reference to the specific volume, tab and Case Center master page numbers. Referring to “all” prior affidavits or documents is not appropriate and will be ignored. Referring to documents that the party does not intend to refer to in submissions is discouraged and may be a factor in determining costs.
  4. The Confirmation must also include an appropriate time estimate for submissions on all issues in the motion including time required by the other party. If a party chooses not to make submission on an issue, the court is entitled to consider that the party has abandoned that specific issue.
  5. Confirmation forms must be filed with the court and subsequently uploaded to Case Center. Failure to complete this requirement within the specified timeframe will result in the matter being removed from the list.

6. Long Motions, Summary Judgment Motions and Applications

(More than one hour)

Summary judgment motions, long motions and applications, which are over one hour, are collectively referred to as long motions in this Notice.

  1. Effective June 24, 2024, all long motion requests are to be addressed at triage court where it will be determined if the motion is ready to proceed by the triage judge. All consent and contested long motions will be heard in person, unless otherwise specified by the judge presiding over the motion. If counsel wish to have their long motion heard virtually, they should bring it to the attention of the motion judge. Parties should provide a letter which is no longer two pages stating the reasons why the long motion should not be heard in-person and email the letter to the local Trial Coordinator.

Barrie, Bracebridge, Orillia Barrie.SCJ.TC@ontario.ca

Newmarket Newmarket.SCJ.TC@ontario.ca

Oshawa Oshawa.SCJ.TC@ontario.ca

Peterborough, Lindsay, Cobourg Peterborough.SCJ.TC@ontario.ca

Long Motions that Have Already Been Placed on the Running List

For all long motions that are already on the existing running list, it is the responsibility of counsel to schedule a triage court date to speak to the matter. The triage court judge will then decide if the long motion is ready to proceed, and if a hearing date should be assigned. The Trial Coordinator’s Office will not contact parties to advise them that any matters they have on the existing running list, now need to be re-scheduled.

a) Scheduling a Long Motion
  1. Counsel and parties must discuss the estimated time they will require for the long motion prior to completing the Calendly request.
  2. Fourteen (14)business days prior to the triage court, parties must ensure that all materials, including factums and compendiums have been filed with the court and subsequently uploaded to Case Center.
  3. Parties must also ensure that cross examinations have been completed, and that the parties are ready to proceed on two days’ notice. Counsel and parties should not obtain a triage court date unless the preceding requirements have been complied with.
  4. To file the necessary motion materials referenced above, parties must first obtain a triage court date through Calendly. The court filing office will not accept materials unless counsel and parties have obtained a triage court date.
  5. If the necessary materials are not filed with the court and subsequently uploaded to Case Center at least fourteen days prior to the triage court date, the matter will be removed from the triage court list.
b) Long Applications
  1. Note: When counsel and parties are initiating a proceeding by way of a Notice of Application, they should first schedule a triage court date through Calendly. Once a triage court date has been obtained, parties should submit the Calendly email confirmation with their Notice of Application to the filing office to obtain their court file number. Subsequently, it becomes the responsibility of counsel and parties to email the local Trial Coordinator’s Office, to provide them with the new court file number so the event can be entered into their scheduling system.
c) Motions with all parties’ consent to be added
  1. The moving party will schedule a triage court date by completing an online request through Calendly at https://calendly.com/ce-civil.
  1. Calendly will send out an email notification confirming that a triage court date has been assigned.

Note: The online request will trigger an automated confirmation email. It is the requestor’s responsibility to forward the confirmation email and any subsequent automated information emails to ALL active parties in the action. In addition, the email confirmation should also be submitted to the Court when filing motion material through the court filing office or through the JSO Civil Filing Portal.

Once the date is obtained, then counsel can file and upload materials to Case Center.

d) Motions with one or more parties opposing attendance at Triage Court
  1. The moving party will complete an online submission request through Calendly at https://calendly.com/ce-civilto obtain a triage court date.
  2. The following process must be followed for the motion to be considered to be added by the triage judge:
    1. The party seeking to obtain a triage date shall send a letter of request to CErunninglist@ontario.ca(copied to all parties) with the subject line: Request to Schedule long motion – OPPOSED – *File Name and Number, Originating Court Location*, together with a memorandum not to exceed two pages in length detailing the history of the case and the reasons why it should be placed on the running list.
    2. The triage court date from Calendly, along with the Calendly email confirmation, should be included with the request letter.
    3. Any party who opposes the triage court appearance shall provide their position in a responding memorandum not to exceed two pages in length, sent to CErunninglist@ontario.ca no later than five days after receipt of the requesting party’s email.
    4. If no responding memorandum is received before the expiry of the five days, the triage judge will deal with the request as an unopposed request.
    5. Parties will be advised by email as to the triage judge’s decision to add the contested motion to the triage court list.
e) Timetabling the Necessary Steps
  1. After the motion materials have been served, all counsel/ litigants must agree in writingupon a schedule for completion of all steps necessary for the long motion to proceed on the scheduled date. This will include filing of all responding materials, reply materials, cross-examinations (if needed) and filing of facta.
  2. Counsel/litigants must file the Timetable or other documentation along with their Confirmation Form for the motion.
  3. If counsel and the litigants are NOT able to agree to a timetable within 30 days, the moving party must request a civil conference (as set out below) before a judge to set a timetable and/or other directions the judge considers appropriate. The court may consider costs if a party is withholding agreement to a reasonable timetable proposal or is deliberately delaying the hearing of the motion.
  4. In the event the long motion does not proceed on the scheduled hearing date and there is no timetable agreement or order, the court will consider this a significant factor in determining whether to grant an adjournment and/or to award costs and the quantum of costs of the aborted long motion hearing date.
f) Adjournment of Long Motions/ Applications
  1. Counsel and parties will be given a minimum of two (2) days’ notice of the long motion being heard. It is the expectation of counsel and the parties that they will be ready and prepared to proceed for the date called. Adjournments of long motions are discouraged, and counsel and parties should expect that unnecessary adjournments will attract cost awards and/or result in your matter being placed at the bottom of the long motions list.
g) Consent adjournments
  1. If all parties consent in writing that the long motion is to be adjourned, one of the parties may email the court at CErunninglist@ontario.ca (copied to all other parties) with the subject line: Request to ADJOURN long motion – CONSENT – *File Name and Number, Originating Court Location* setting out:
    1. the request for an adjournment;
    2. that it is on consent of all interested parties; and,
    3. the reasons why the adjournment is appropriate or necessary.
  2. Only one adjournment will be granted on consent.
  3. Consent adjournment on a fixed-date long motion will not be given priority, unless otherwise directed by the triage judge. Counsel and the parties will be placed back in the queue given the next available long motion date. Counsel and litigants should not expect to be given an earlier date as a result of the consent adjournment.
h) Opposed adjournments more than five (5) days prior to the long motion hearing date
  1. If counsel or a party seeks an opposed adjournment, the party seeking the adjournment shall:
    1. Send a letter of request to CErunninglist@ontario.ca(copied to all parties) with the subject line: Request to ADJOURN long motion – OPPOSED – *File Name and Number, Originating Court Location* together with a memorandum not to exceed two pages in length detailing the history of the case and the reasons why an adjournment should be granted.
    2. Any party who opposes the adjournment shall provide their position in a responding memorandum not to exceed two pages in length, sent to CErunninglist@ontario.cano later than five days after receipt of the requesting party’s email.
    3. If no responding memorandum is received, the triage judge will deal with the request as an unopposed request.
    4. Parties will be advised by email as to the triage judge’s decision to adjourn the contested motion, which may include ordering attendance at Triage Court.
i) Consent or opposed adjournments within five (5) days of the long motion hearing date
  1. Unless otherwise dealt with by a judge in advance of the long motion hearing date, any adjournments sought within five (5) days of the long motion hearing date, must be made to the presiding judge on the scheduled hearing date.
  2. A copy of the timetable agreement must be provided to the motions judge.
  3. Counsel and parties should be prepared to proceed with the long motion on the scheduled date in the event the adjournment is NOT granted. Counsel should not assume that an adjournment request will be granted.
  4. If an adjournment is granted, all counsel and parties must bring and have available their Costs Outlines to permit the presiding judge to deal with the issue of costs of the adjournment and to make any other order for directions.
j) Cancellation Policy
  1. The parties may remove the motion from the triage court list if the date is no longer required to remain on the list (e.g., the matter settles). The “cancel” button is available in the confirmation email to remove the matter from triage court (i.e., the email sent through Calendly).

IMPORTANT – the Court may order costs against any party who removes a matter from the triage court list that should not be removed.

k) Confirming the Long Motion and Application
  1. Unless otherwise directed by a judge:
  2. All LONG MOTIONS must be confirmed by email to the local Trial Coordinator’s Office. A copy of the Confirmation must also be filed with the court and subsequently uploaded to Case Center. Confirmations (revised form 37B) are due no later than 2pm, five (5) days prior to the hearing date, unless otherwise directed by the Regional Senior Justice or his/her designate.
  3. All APPLICATIONS (revised form 38B) must be confirmed by email to the local Trial Coordinator’s Office no later than 2:00 pm, five (5) days prior to the hearing date. A copy of the Confirmation must also be filed with the court and subsequently uploaded to Case Center.

Failure of both parties to file a Confirmation and upload to Case Center will result in the long motion/Application hearing date being vacated

l) Filing with the Court and Uploading the Long Motion and Application Materials to Case Center
  1. The moving party must serve and file the motion or Application materials (Notice of Motion/Application, supporting affidavits, and a draft order) along with the Proof of Service within 14 days of obtaining a Triage Court date. Subject to an order from a judge, failure to do so will result in the hearing date being vacated. A copy of the Calendly confirmation email must be included with the motion material for the materials to be accepted by the filing office.
  2. All long motion and application materials are expected to be uploaded to Case Center upon receipt of the Calendly invite.
  3. The moving party must serve and file the motion or Application materials (Notice of Motion/Application, supporting affidavits, and a draft order) along with the Proof of Service within 14 daysof obtaining a Triage Court date. Subject to an order from a judge, failure to do so will result in the hearing date being vacated. A copy of the Calendly confirmation email must be included with the motion material for the materials to be accepted by the filing office.

All long motion and application materials are expected to be uploaded to Case Center forthwith upon receipt of the Calendly invite.

m) Facta and Compendiums
  1. A factum (or Summary of Argument) is required on all long motions and Applications. If the moving party does not file a factum where required, the motion/Application will not be scheduled.
  2. Once the factum of the moving party and the responding party are served and filed then they must be subsequently uploaded to Case Center according to the agreed upon timetable. Regardless of the timetable agreed to by counsel and/or the parties, the facta of all parties shall be filed and uploaded to Case Center no later than fourteen (14) days prior to the hearing of the motion/Application.
  3. No facta may exceed 20 pages without leave of the court and must comply with Rule 4 of the Rules of Civil Procedure with respect to document standards and formatting.
  4. Failure to do so may result in the document being rejected for filing and, therefore, prohibited from being uploaded to Case Center.
  5. A Compendium containing the court-filed documents and evidence that are essential to the hearing shall be provided for long or complex motions. A party wishing to file a Compendium should file it with their factum. A joint Compendium may be filed with the respondent’s factum. Facta shall be hyperlinked to the cases referenced in the factum. Facta shall also be hyperlinked to the documents referenced and found in the Compendium. See the Consolidated Practice Direction Concerning Civil Proceedings regarding hyperlinking caselaw in Case Center. Again, failure to serve, file and upload onto Case Center a compendium may result in your matter not being heard.
n) Emergency Motions or Applications
  1. Counsel and parties who wish to schedule an urgent motion or application must contact the Trial Coordination Office.

Barrie, Bracebridge, Orillia – Barrie.SCJ.TC@ontario.ca

Newmarket – Newmarket.SCJ.TC@ontario.ca

Oshawa – Oshawa.SCJ.TC@ontario.ca

Peterborough, Lindsay, Cobourg – Peterborough.SCJ.TC@ontario.ca

  1. The party seeking an urgent motions date shall send a letter of request to the appropriate Trial Coordination office, noted above, with the subject line: Request to SCHEDULE URGENT Motion/Application – *File Name and Number, Originating Court Location*,
  2. The letter of request must include:
    • why the matter is urgent;
    • the nature of the relief sought;
    • whether the matter will be on notice or not;
    • whether the motion materials are ready to proceed;
    • a time estimate for the motion; and,
    • a draft order.
  1. The triage judge will determine whether the urgent Long Motion or application should be assigned an early fixed hearing date or placed on the running list.  The moving party will be advised accordingly
o) Costs in Civil Motions and Applications
  1. All counsel appearing on motions and applications must attend the hearing with their costs outline in accordance with Rule 57.01 and be prepared to provide the cost outlines to the presiding judge. If a cost outline is not available to be given to the presiding judge, the judge may decline to make any costs award in favour of the defaulting party.
  2. Counsel are frequently attending motions and applications without costs outlines. When judges ask for the outlines or bills of costs, counsel often seek to file written submissions as to costs. This is contrary to the intention of the Rules, delays the determination of the issue, and requires judges to determine costs issues for motions and applications that were often decided weeks or months before.
  3. Rule 57.01(6) of the Rules of Civil Procedure requires that, unless the parties have agreed on costs: “every party who intends to seek costs for that step shall give to every other party involved in the same step, and bring to the hearing, a costs outline (Form 57B) not exceeding three pages in length.”
  4. This permits the presiding judge, where feasible, to summarily determine the issue of costs. The overriding principle is that “the court shall devise and adopt the simplest, least expensive, and most expeditious process for fixing costs…” Rule 57.01(7).

C. Civil Conferences

  1. Counsel may request a civil conference with a Judge pursuant to Rule 50.13.
  2. A completed Civil Conference Request Form requesting a case conference before a Judge may be sent to CERcivilappointments@ontario.ca.
  3. These conferences are ONLY for procedural matters and will not last more than 30 minutes. The time limit will be strictly enforced. The conference may be by telephone or virtually, at the discretion of the Judge.
  4. The form must be fully completed, and the terms of the form complied with to be considered. NOTE: Rule 50.13 does not apply to actions governed by the Construction Act: O. Reg. 302/18, s. 10(9).
  5. A matter will not be added to the running list or be given a fixed date unless all motion material including responding and reply materials, facta, and compendiums have been filed.

D. Pre-trials

  1. Civil pre-trials are held for actions outstanding in all centres in the Region. There is NO requirement that the parties certify that the case is capable of settlement.
  2. Pre-trials can be scheduled one of two ways depending upon whether the parties are able to consent to a date. Note: it is the responsibility of counsel with carriage of the file to initiate a booking request for a pre-trial in accordance with this Protocol. The Court will not initiate scheduling of a pre-trial.

a) Pre-trial with Consent Date of all Parties

  1. Any party may schedule a pre-trial on consent of all counsel and self-represented parties through Calendly at: https://calendly.com/ce-civil-pretrials.
  2. Upon selecting the preferred date/time, it is the responsibility of the scheduling party to ensure that email addresses of all parties are included in the “Add Guests” feature in Calendly. This ensures that all parties will receive all automated confirmation and scheduling notifications related to the pre-trial event.
  3. Upon completion of the Calendly scheduling process, the requestor and all parties indicated in the “Add Guests” section will receive an automated email confirming the date and time of the pre-trial.
  4. If the “Add Guest” option is not available on Calendly, the scheduling party must forward all emails received from Calendly to all involved parties. This ensures that everyone receives the automated confirmation and scheduling notifications related to Triage Court.
  1. The parties acknowledge that they will be in compliance with Rule 50.03.1(1) on the date of the pre-trial.
  2. If one or more of the parties has not consented to the date and time scheduled, the pre-trial will be cancelled by the court.

b) Pre-trial with Parties Unable to Agree to Consent Date

  1. Counsel/parties shall make every effort to agree to a consent date for their civil pre-trial. Failing which, parties may email civilpretrial@ontario.cato assist with fixing a pre-trial date, with the subject line: Request to SCHEDULE pre-trial – OPPOSED – *File Name and Number, Originating Court Location*. The other side must be provided a copy of the email.
  2. Opposing counsel shall have 48 hours from the date and time of the email request, not to exceed two typed pages, to respond setting forth the reason why a pre-trial should not be scheduled. All counsel on the matter must be copied on the email.
  3. The requesting email and responding email message will be submitted to a triage judge, who will determine whether a pre-trial will be scheduled. Counsel for all parties will be advised of the decision by email.
  4. Counsel/parties will be required to attend on the date scheduled by the court.
  5. Pre-trial dates will, where possible, be scheduled within 120 days of the trial date or the commencement of the sittings.
  6. Counsel and parties must comply with Rule 50 including that parties with authority to settle must attend pre-trial hearings. The court expects that counsel with carriage of the case and who will be trial counsel will attend the pre-trial.
  7. To make pre-trial conferences productive, counsel and any self-represented party are required, at least seven days in advance of the pre-trial conference, to consult and fill out a Rule 50.08 Pre-trial Conference Report form(or a Rule 76 Report to the Trial Judge form) with the required information respecting witnesses and any other portions of the Report Form on which the parties agree, for example, that summaries of the proposed evidence of witnesses or opening statements will be exchanged.
  8. After the parties have consulted and partially completed the Report Form,it must be served, filed, AND uploaded to Case Center by the plaintiff.
  9. The fact that the parties agree on certain matters does not bind the pre-trial conference judge to accept the agreement with respect to the process to be followed or completion of the Report.
  10. The parties must comply with the provisions of Rule 53.03 with respect to expert reports and deliver the Certificate referred to in Rule 53.03. Failure to deliver all expert reports in accordance with the timelines set forth in Rule 53.03 will likely attract a cost sanction and other directions and terms may be imposed by the pre-trial judge including an order prohibiting expert testimony by any expert whose report was not served in compliance with this Rule.

c) Pre-trial Memorandums

  1. No pre-trial memorandums (“pre-trial memos”) shall be filed unless and until counsel are notified that the request for a pre-trial has been granted.
  2. Pre-trial memos may not exceed 15 pages. Any additional documents that counsel wish the pre-trial judge to review must be hyperlinked or filed and uploaded in Case Center. Materials are not to be emailed.
  3. All pre-trial memos must be filed electronically through the Justice Services Online platform. Once accepted for filing, the pre-trial memos must be uploaded to Case Center to the appropriate bundle as soon as counsel and/or the parties receive the Case Center invitation and no later than five (5) days prior to the scheduled pre-trial.
  4. In addition to the pre-trial memos and any additional documents, counsel are required to complete the Pre-Trial Confirmation Form and file it along with the pre-trial memos. Once accepted for filing, it must also be uploaded to Case Center in the appropriate bundle.
  5. Pre-trial memos that do not adhere to these requirements will not be accepted by the Court.

d) Pre-trial Virtual Hearing Information

  1. A Zoom link for the pre-trial will be available through Case Center approximately one (1) to two (2) days prior to the event.
  2. The only individuals who may be present for the pre-trial are counsel who have carriage of the file, a litigant who has authority to settle, any party who is self-represented, and the pre-trial judge.
  3. No recording may be made of the pre-trial by any participant. The exception is where a party is self-represented, in which case a recording of the pre-trial will be made by court staff at the direction of the presiding judge for the assistance of the Court. Neither the recording nor a transcript of the pretrial conference may be released to anyone without an order of a judge of the Court.

E. Setting Down for Trial

  1. Once the trial record is set down for trial pursuant to Rule 48, Rule 48.04 sets out the consequences of setting the action down for trial. Rule 48.04 provides that a party who sets an action down for trial or consents to placing the action on the trial list cannot initiate or continue any form of discovery or interlocutory motion without leave of the court. Leave will be granted only in rare circumstances.

F. Administrative Dismissals

  1. Effective May 13, 2024, all consent or confirmed unopposed motions addressing the dismissal timelines under Rule 48.14 of the Rules of Civil Procedure shall be brought by way of a motion in writing that will be heard as a “basket motion” before a judge. Consent timetables filed under this Rule will also be handled as a basket motion by a judge. Any contested motion for a status hearing will first be addressed in the weekly triage court held every Thursday at 9:00 am. Counsel will be expected to have consulted prior to the triage court concerning an agreed upon timetable that will address all steps required leading up to the actual motion. The triage judge will determine if the motion for a status hearing can be heard:
  • in-writing;
  • as an one-hour motion on a regular motions list; or,
  • or as a long motion (longer than one hour)
  1. Parties are not required to file agreed upon timetables with the court or upload them to Case Center However, they are required to email the timetables and a draft Order to the local Trial Coordinator 5 business days prior to the hearing date. The email address for the Trial Coordinators for every centre are listed below.Barrie, Bracebridge, Orillia Barrie.SCJ.TC@ontario.caNewmarket Newmarket.SCJ.TC@ontario.caOshawa Oshawa.SCJ.TC@ontario.caPeterborough, Lindsay, Cobourg, Peterborough.SCJ.TC@ontario.ca

    a) Scheduling a Contested Motion for Status Hearing

  2. Triage court for administrative dismissals will be conducted from 9:00 a.m. to 10:00 a.m. every Thursday. Attendance at Triage Court will take place virtually. There will be no more than twelve matters scheduled. Each matter will be no more than five minutes. The moving party is required to complete an online submission request through Calendly at Calendly – Central East Civil Long Motions & Triage Court to be placed on the Triage Court. Upon selecting the preferred date/time, it is the responsibility of the scheduling party to ensure that email addresses of all parties are included in the “Add Guests” feature in Calendly. This ensures that all parties will receive all automated confirmation and scheduling notifications related to Triage Court. Upon completion of the Calendly scheduling process, the requestor and all parties indicated in the “Add Guests” section will receive an automated email confirming the date and time of Triage Court. If the “Add Guest” option is not available on Calendly, the scheduling party must forward all emails received from Calendly to all involved parties. This ensures that everyone receives the automated confirmation and scheduling notifications related to Triage Court. Completion of the Calendly request and the subsequent email confirmation confirms that the matters has been booked for Triage Court. The online request will trigger an automated confirmation email. It is the requestor’s responsibility to forward the confirmation email and any subsequent automated information emails to ALL active parties in the action. Please note that the confirmation email will also include the Zoom link for Triage Court.

G. Fixing Trial Dates and TRIAGE COURT (previously Central East Trial Scheduling Court – CETSC)

  1. If the pre-trial judge is satisfied the case is ready for trial, the pre-trial judge will fix a trial date for either the September or January blitz civil sittings or any other time that may be available.
  2. If the pre-trial judge determines the case is not ready for trial, it will be the responsibility of counsel to comply with any order made by the pre-trial judge and thereafter to request either a further pre-trial or an attendance in Triage Court to fix a trial date.
  3. If the anticipated length of a trial is greater than four (4) weeks, counsel will have to request a fixed trial date by writing to the Regional Senior Justice.
  4. Triage Court will be scheduled every Tuesday and will commence at 9:00 am. Attendance at the Triage Court will only be conducted virtually. Counsel will be assigned no more than a five-minute appointment slots.
  5. The purpose of Triage Court is to allow counsel to deal with the following:
    1. To fix a trial, long motion or application dates (where a judge has not already assigned the matter a date);
    2. To fix a pre-trial date where a second pre-trial is required;
    3. To adjourn a trial, long motion, or application;
    4. To adjourn a pre-trial; and/or,
    5. Any other matter related to the scheduling of a pre-trial, trial, long motion, or application.
  1. A further purpose of Triage Court is to canvass whether there is any reason why a case cannot be tried at any of the courthouses in the CE region, so that courtroom and judicial resources can be maximized. Counsel and the parties will be required to show good reason why a case must be tried at a particular courthouse.
  2. The scheduling party completes an online submission request for an appointment through Calendly. Upon selecting the preferred date/time, it is the responsibility of the scheduling party to ensure that email addresses of all parties are included in the “Add Guests”feature in Calendly. This ensures that all parties will receive all automated confirmation and scheduling notifications related to Triage Court.
  3. Upon completion of the Calendly scheduling process, the requestor and all parties indicated in the “Add Guests” section will receive an automated email confirming the date and time of Triage Court.
  4. If the “Add Guest” option is not available on Calendly, the scheduling party must forward all emails received from Calendly to all involved parties. This ensures that everyone receives the automated confirmation and scheduling notifications related to Triage Court.
  5. Prior to the attendance, counsel shall file their materials with the court first and subsequently upload into the Case Center Triage Court bundle a memorandum not exceeding two (2) pages in length at least three (3) days before Triage Court, setting forth the history of the action and the order being sought from the presiding triage judge.
  6. It is counsel’s responsibility to ensure that the Trial Record has been uploaded into the Case Center Trial bundle at least three (3) days before Triage Court.
  7. Gowning is NOT required for Triage Court.
  8. Triage Court Cancellations:Triage Court appearance can only be cancelled with the agreement of all concerned parties. If a cancellation is attempted unilaterally, the appearance will continue as initially scheduled. If the cancellation is agreed upon by all parties, one of the parties can remove the matter from the Triage Court list using the “cancel” button in Calendly three business days prior to the date.

H. Regional May and November Trial Sittings

  1. As per the Notice to the Profession, dated February 20, 2024, the May and November 2024 civiltrial sittings have been eliminated. The sittings in 2025 have also be eliminated. In their place, Central East region will run a Civil Blitz starting September 9, 2024, which will run for 5 weeks. Another Civil Blitz will run from January 6, 2025 for 3 weeks.
  2. However, civil trials that have fixed dates will proceed as scheduled. In addition, civil long motions, applications, summary judgment motions and civil pre-trials will remain during the May 2024 and November 2024 trial sittings.
  3. Please note that trial coordinators will not reach out to counsel to advise that their civil trials are being moved out of the May 2024 and November 2024 trial sittings and rescheduled to September 2024. Counsel bears the responsibility of thoroughly reviewing the Notice to the Profession, dated February 20, 2024, in order to acquaint themselves with the updated structure of the sittings.
  4. If counsel have multiple trials on the trial list, they will not be expected to be in two places at the same time. However, if a matter was previously adjourned due to non-available counsel relating to other trial commitments, counsel will be expected to attend on the next scheduled trial date. No further adjournment will be allowed due to counsel’s other trial commitments absent exceptional circumstances.
  5. Cases on the trial list will be called in order of their age, with the oldest cases being called first. Cases that were not reached in a previous sitting will be given priority.
  6. Counsel should not expect that their trial (whether jury or non-jury) will necessarily be called in the court location where a claim was issued. Counsel and the parties should expect to travel to other court locations within Central East Region. Where such travel creates an impediment for either counsel, the parties, and/or the witnesses, this issue should be discussed in advance with the pre-trial judge and/or at Triage Court.
  7. Counsel and the parties are to be ready to start their trial when called by the trial coordinator. Once a matter is on a trial list for the new Civil Blitz in September and January trial sittings, it is deemed ready for trial. Adjournments will only be granted in exceptional circumstances.
  8. In cases of inquiries or special circumstances, counsel may reach out to local Trial Coordinators for further information.
Barrie, Bracebridge, Orillia Barrie.SCJ.TC@ontario.ca
Newmarket Newmarket.SCJ.TC@ontario.ca
Oshawa Oshawa.SCJ.TC@ontario.ca
Peterborough, Lindsay, Cobourg Peterborough.SCJ.TC@ontario.ca

I. Construction Lien

  1. Construction Lien pre-trials will presumptively be held by videoconference. Parties may request an in person pre-trial, and such determination will be made by a Triage Judge. Scheduling a pre-trial, must be done through Calendly.

a) Purpose

  1. The primary purpose of the pre-trial hearing and any subsequent pre-trial hearings is to settle the action or narrow any issues for trial and have the proceeding ready for trial. It is the intention to move these proceedings efficiently and in a summary fashion. Costs may be ordered at the discretion of the Judge, against parties who do not cooperate in moving these proceedings forward in a summary fashion or fail to comply with any order.
  2. Once the pre-trial hearing judge deems the lien action ready for trial, the Judge will set for a trial sitting or the litigants may be directed to attend Triage Court.

b) Timetable Pre-trial Conference

  1. A litigant may obtain timetable orders in two ways:
    1. Per section 9 and 10 of Ont. Reg. 302/18, a settlement meeting may be ordered, and a statement of settlement filed with the Court and an order is granted; or
    2. Timetable Pre-trial Hearing will be held by designated judicial officers on designated days for any action in CE region requiring an initial pre-trial hearing. The hearing will be conducted by videoconference. The hearing will be scheduled in 30-minute increments throughout the day.
  2. To schedule an initial timetable pre-trial hearing contact civilpretrial@ontario.ca.
  3. The purpose of the initial timetable pre-trial hearing is to set a timetable where the parties have been unable to agree on a timetable; file a consent with a draft order establishing a timetable; or file any other matter on consent, such as consolidating proceedings. Each party must file a proposed timetable. The judge hearing the pre-trial hearing is at liberty to choose one of the proposed timetables.
  4. If the matter is on consent, one lawyer may appear as agent for all parties. Clients may, but are not expected, to attend.
  5. Material that are required to be filed and uploaded to Case Center include:
    • a one-page explanation of purpose of the hearing;
    • draft proposed orders if there is no consent;
    • a title search conducted no more than three (3) days prior the timetable pre-trial hearing showing deleted instruments; and
    • a list of all actions involved, including the title of proceeding(s), court file number(s), and the courthouse where the action was commenced.
  6. Counsel requesting the timetable hearing must file an affidavit of service of the Notice of Trial indicating that all with an interest in the applicable land have been served, along with the Notice of Trial.
  7. If the parties do not require an initial timetable pre-trial hearing, they may schedule a substantive pre-trial hearing.

c) First Substantive Pre-trial Conference

  1. The first substantive pre-trial is intended to result in substantive progress of the action(s). Counsel who will appear at trial and their clients must be in attendance. Every effort will be made to discuss resolution of the proceeding at the first in person pre-trial.
  1. By the first pre-trial, parties will have:
    1. exchanged Affidavits of Documents together with a copy of each document referred to in Schedule “A” in the Affidavit of Documents;
    2. canvassed dates for examinations, as well a date that all undertakings will be answered;
    3. canvassed the date for a motion relating to refusals on examinations and any other contemplated motions;
    4. completed and exchanged, if applicable, a “Scott” Schedule and any responding Schedule;
    5. if not already filed, a title search which is no more than three (3) days’ old showing deleted instruments of all the lands subject to the lien(s). In the case of multiple lien claimants, a list of all lien claimants, name(s) of counsel, and particulars of the amount of the lien claim(s), and registration numbers must be prepared by the party who set the action down for trial;
    6. a copy of the Notice for Trial and affidavit of service demonstrating that all parties with an interest in the lands have been served with the Notice for Trial;
    7. written confirmation that the party setting the action down for trial has advised the trial coordinator of all actions, their respective title of proceedings, court file numbers, and Courthouse the action was commenced, to enforce their lien claims upon the lands and ensure all lien action files are available at the pre-trial;
    8. a chart setting out all liens, registered and non-registered, against the lands which includes name of the lien claimant, registration particulars, court file numbers and name, address, phone number and email address of counsel, if any; and,
    9. The parties will be required to detail their respective positions with supporting documentation through a pre-trial memorandum and serve and file same no later than seven (7) days before the pre-trial conference date, with a copy of the affidavit of service.
    10. Exchange of any and all expert reports must be completed and litigants to advise the pre-trial conference judge if “hot tubbing” is appropriate.
    11. The party that set the action down for trial shall take out an order incorporating the above-noted terms, unless the pre-trial judge indicates otherwise.
    12. The litigants shall have a list of all experts and their availability for trial, list of all contemplated witnesses for trial, and provide a detailed estimate of the time required for trial.

d) Second or Subsequent Pre-trial Conference(s)

  1. All counsel who will appear at trial and their respective clients must attend the second (and, if necessary, any subsequent) pre-trial conference.
  2. The pre-trial judge will discuss and assess the progress of the proceeding and will consider an appropriate award of costs for non-compliance with any Conference Order.
  3. At the second or subsequent pre-trial conference, the parties will be required to detail their respective positions with supporting documentation through a pre-trial memorandum and serve and file same no later than seven (7) days before the pre-trial conference date, with a copy of the affidavit of service.
  4. The party that set the matter down for trial shall have the orders from the second pretrial and any subsequent pretrial incorporated into a formal order.
  5. The primary purpose of the pre-trial and any subsequent pre-trial is to settle the action or narrow any issues for trial and have the proceeding ready for trial.
  6. Once the pre-trial conference judge deems the lien action ready for trial, the Judge will set for a trial sitting or the litigants may be directed to attend Triage Court.

e) Liens under $200,000

  1. Construction Liens under $200,000, including any counterclaims, shall have no more than two pre-trials. It is incumbent upon the litigants to ensure that the lien action is managed expeditiously so the action, can be settled or tried in a summary fashion.

Part 3: Family Proceedings

A. Scheduling Events

  1. The Trial Coordinators in each centre can be contacted by e-mail as follows:

Barrie, Bracebridge, Orillia – Barrie.SCJ.TC@ontario.ca

Newmarket – Newmarket.SCJ.TC@ontario.ca

Oshawa – Oshawa.SCJ.TC@ontario.ca

Peterborough, Lindsay, Cobourg – Peterborough.SCJ.TC@ontario.ca

Child Protection Matters

  1. Dates in child protection matters shall continue to be set by the case management judge or through the Trial Coordinator

B. Motions

Regular Motions

  1. Regular motions (limited to one hour) can be scheduled through the Trial Coordinator or while setting next steps before the case management judge. Each party is limited to one short motion each without leave of the case management judge.
  2. The court is scheduling four motions per judge on each motions day to be set in accordance with local practice. Regular, one-hour motions can also be heard on standby in one of the regular family or combined child protection/family trial sittings during the year if endorsed by the case management judge.
  3. A cross-motion is considered a separate event and must be scheduled through the Trial Coordinator in a separate time slot from the original motion. If a party wishes to bring a cross-motion at the same time as the original motion as the issues are interrelated or for any other reason, that party must first obtain leave by way of a 14B motion. This applies to child protection motions as well as family motions.
  4. If no case conference has been held, the party seeking to bring a motion must first obtain leave based on r. 14(4.2) of the Family Law Rules for the motion by 14B even if the motion materials have already been filed for a prior date. No motion can be scheduled through the Trial Coordinator unless a conference has been held or leave has been obtained in advance. This provision does not apply to motions without notice brought pursuant to r. 14(12) of the Family Law Rules.
  5. All regular motions are to be heard presumptively in writing unless the motion judge determines otherwise. However, counsel and parties are to be available to participate in a Zoom hearing in their time slot to provide submissions if the judge deems necessary. A Zoom link will be provided, but parties and counsel will not be given entry into the virtual meeting unless and until the judge deems it necessary. Parties or counsel are not entitled to make oral submissions unless the judge permits.

Long Motions

  1. All long motions (motions in excess of one hour) shall be heard in one of the regular family or combined child protection/family trial sittings during the year. Long motions will be set down by the case management judge who shall set a time limit for the motion(s) and set deadlines for the exchange of documents.

Regular and Long Motions – Barrie, Newmarket and Oshawa

  1. In addition to the paragraphs above regarding regular and long motions, Forms 14 and 14A shall be served and filed 30 days prior to the scheduled date or, in the case of long motions, 30 days before the commencement of the trial sittings. The Responding materials (and any cross-motion authorized by the Court and properly booked through the Trial Coordinator) shall be served and filed 14 days prior to the motion date. The Response to the cross-motion or reply, if any, shall be served and filed seven (7) days before the motion with the reply to the cross-motion four (4) days before the motion. In the event the motion materials are not served and filed 30 days before the event, the Trial Coordinator is authorized to vacate the date.
  2. Prior to scheduling a motion, the parties must have conferenced the issue(s) in dispute within the previous 12-month period.
  3. The moving party must send a confirmation email of filing of the materials 30 days prior to the event to the appropriate Trial Office (SCJ.TC@ontario.ca or Oshawa.SCJ.TC@ontario.ca or Barrie.SCJ.TC@ontario.ca) as well as upload it to Case Center. If confirmation is not received, the motion date will be vacated.

Early or Urgent Motion

  1. If parties require an early or urgent date motion, they may file a 14B motion on notice to the other party requesting an earlier date. In Oshawa, a one-page motion form shall be used to make these requests, not a 14B motion. This form is not to be served on the other party for the Court’s consideration of the request.
  2. In Tri-Counties (Peterborough, Lindsay and Cobourg), if parties require urgent motion date, parties shall use urgent motion request formand email it to the email address indicated on the form.

Motion materials

  1. For short or regular motions, each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed twelve (12) pages of narrative. If a party also intends to rely on an affidavit that has been previously filed with the Court, the length of that affidavit is included in the 12-page limit. This limit does not include third party and reply affidavits, where required, which shall not exceed five (5) pages each, or affidavits relating to a party’s financial statement in accordance with Rule 13(12)(b).
  2. In addition, exhibits to each party’s affidavit shall be limited to only the necessary and relevantevidence and are generally expected not to exceed ten (10) pages. Litigants shall not include voluminous texts, emails and/or social media postings. Instead, only the relevant and necessary excerpts from these communications should be attached as exhibits.
  3. Parties should also file the documents referred to in paragraphs 208 and 210 for all regular motions, if applicable (with the exception of Offers to Settle which should not be included with motion materials). If attached as an exhibit to an affidavit, these documents are also not counted in the page limits above.
  4. Factums are not generally required for short motions but are permitted. Books of Authorities shall not be filed, rather the lawyer or party shall provide the judge with a list of the case names upon which he or she is relying with hyperlinks.
  5. The above restrictions do not apply to long motions, motions for summary judgment or hearings with respect to the wrongful removal or retention of a child.
  6. Affidavits in support of any 14B motion shall not exceed three pages of narrative and three pages of exhibits not including the documents listed in paragraphs 208 and 210.
  7. In addition, without exception, all documents filed for a family conference or motion must be prepared using a font size of no less than 12 pointand double spacing.
  8. Any documents filed in Adobe format must not be locked in order to ensure the judge can highlight and annotate the document, if necessary.
  9. Leave is required to file material beyond what is permitted above which will only be granted in exceptional circumstances. For motion materials, leave should be sought at the case conference. It can also be sought by 14B motion. Unless approval has been obtained in advance, material that is filed in excess of these restrictions will not be reviewed by the presiding judge and may result in an adjournment.
  10. To assist the Court in finalizing family orders more quickly, litigants should also provide a draft order in Word format that lists the specific relief that they are seeking with reference to the appropriate legislative authority in accordance with the new Form 25 Order (General). References to legislation that does not apply can be removed. Sample order clauses that can be used in the preparation of draft orders are availablehere.

Confirmation Forms for Motions and Conferences

  1. Confirmations for conferences and motions shall include details of what documents were filed in support of the event including the date of the document, when the documents were filed and where they were filed (i.e., in person at the court, through the JSOFP or by e-mail to the CSD e-mail box).

C. Family Conferences

  1. The court will be regularly scheduling up to five conferences per day in accordance with local practice.
  2. Parties can request and schedule dates with the Trial Coordinator.
  3. In Tri-Counties (Peterborough, Lindsay and Cobourg), if parties require an urgent case conference date, parties shall use urgent case conference brief formand email it to the email address indicated on the form.

Straight to a Combined Case/Settlement Conference

  1. Recognizing that many separating families will attempt another form of dispute resolution prior to seeking relief from the Court, requests can now be made to obtain the Court’s permission to move directly to a combined case conference/settlement conference as the first step in the case. Rule 17(7.1) allows parties to make this request after they have tried to resolve the issues that are in dispute through mediation or Legal Aid Ontario settlement conference provided they are able to confirm that (i) there are no outstanding temporary issues, and (ii) neither party is seeking disclosure from the other party.
  2. These requests can be made by filing a 14B Motion Form along with Form 17G: Certificate of Dispute Resolution.
  3. If permission is granted, the parties will be expected to comply with all requirements relating to a settlement conference, including the filing of a Form 17C: Settlement Conference Brief and any additional documentation (for example, a Net Family Property Statement/Comparative Net Family Statement/litigation expert reports/Offers to Settle).
  4. In addition to requests that are made pursuant to Rule 17(7.1), pursuant to this Consolidated Practice Direction, where both parties consent to this process, they can request the Court’s permission to proceed directly to a combined case conference/settlement conference where they have participated in another dispute resolution process (for example collaborative family law), and also (i) there are no outstanding temporary issues, and (ii) neither party is seeking disclosure from the other party. These requests should also be made by filing Form 14B and a Form 17G from each party with any necessary revisions.

Binding Judicial Dispute Resolution (Binding JDR) pilot

  1. Parties in a family law case may request Binding JDR to resolve family cases on a final basis that include a limited number of less complex issues. Binding JDR would typically be held after parties have resolved the majority of the other issues and to effect a final resolution. This must be arranged through the case management judge and is currently available in the entire Central East Region. Please review the Provincial Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice for more information on Binding JDR and the forms that are required.
  2. Region specific direction regarding this pilot project, including the participating locations and the forms that are required, is available here.

Family Conference Materials

  1. Conference materials must comply with the following requirements:
  2. Case Conferences:Case conference briefs shall not exceed eight (8) pages, plus permissible attachments (as defined below) and additional documents that are required below or by the Family Law Rules. This 8-page limit only includes the brief itself (Form 17A or B) and any additional pages of facts and/or arguments that are attached to the brief as an appendix or schedule;
  3. Settlement Conferences: Settlement conference briefs shall not exceed twelve (12) pages, plus permissible attachments (as defined below) and additional documents that are required below or by the Family Law Rules. This 12-page limit only includes the brief itself (Form 17C or D) and any additional pages of facts and/or arguments that are attached to the brief as an appendix or schedule;
  4. Trial Scheduling Conferences: No Trial Management Conference brief shall be filed. Instead, litigants must file the completed Trial Scheduling Endorsement form, offers to settle all outstanding claims, and Trial Opening Statement;
  5. Trial Management Conference: The parties shall file the documents specified by the Case Management judge at the Trial Scheduling Conference.
  6. In preparing conference briefs, litigants may remove portions of the form that are not applicable to their situation (for example, the parenting sections where there are no parenting issues in dispute);
  7. Permissible attachments should only include relevant excerptsfrom the following documents, which are not included in the above page restrictions:
    1. Parenting assessments (pursuant to Section 30 of the Children’s Law Reform Act), Office of the Children’s Lawyer reports and Voice of the Child Reports;
    2. Documents that establish a child’s educational needs (for example, report cards or Individual Education Plans);
    3. Lists of any disclosure that remains outstanding;
    4. Income or business valuations, pension valuations or real estate appraisals (where the value of property is in dispute);
    5. Proof of income for the relevant period(s) including pay stubs, confirmation of benefits received and/or Statement of Business or Professional Activities from a party’s Income Tax Return;
    6. Domestic contracts, including separation agreements, marriage contracts or cohabitation agreements that are relevant to the issues in dispute;
    7. Relevant court orders including bail/release terms;
    8. Reports from the Children’s Aid Society; and,
    9. Child Support or Spousal Support Advisory Guideline calculations.
  1. Litigants must not include as attachments voluminous texts, emails and/or social media postings. Instead, only the relevant and necessary excerpts from these communications should be referred to in the conference brief itself.
  2. Litigants must also file additional documents that are required by the Rules, including Financial Statements, Net Family Property Statements/ Comparative Net Family Property Statements, litigation expert reports and Offers to Settle. These do not form part of the page limit if included with the conference brief.
  3. In addition, without exception, all documents filed for a family conference or motion must be prepared using a font size of no less than 12 pointand double spacing.
  4. Any documents filed in Adobe format must not be locked in order to ensure the judge can highlight and annotate the document, if necessary.
  5. Leave is required to file material beyond what is permitted above which will only be granted in exceptional circumstances. Unless approval has been obtained in advance, material that is filed in excess of these restrictions will not be reviewed by the presiding judge and may result in an adjournment.

D. Notice of Dismissals

  1. Newmarket only – The parties are required to complete the Notice of Approaching Dismissal Cases Form together with an Offer to Settle and a sworn financial statement, if applicable.
  2. Oshawa only – Parties who have received a Notice of Approaching Dismissal and require a court date to preserve their proceeding, shall serve and file the Notice of Approaching Dismissal Cases Form and e-mail a copy to the Trial Coordinator. They shall then be provided with a fixed Assignment Court date from the Trial Coordinator for a brief attendance to permit the presiding judge to determine what type of event should be scheduled and when.
  3. Barrie only – Parties who have received a Notice of Approaching Dismissal pursuant to r. 39 (11) of the Family Law Rules, and require a court date to preserve/extend their proceeding, shall serve and file the Notice of Approaching Dismissal Assignment Court Form and email a copy to the Trial Coordinator. They shall then be provided with a fixed Assignment Court date for a brief court attendance via ZOOM to permit the presiding judge to determine what type of event should be scheduled and when.

E. 1st Appearances (Rule 39 Appearances)

  1. All First Appearance dates will be conducted virtually by Zoom. However, effective July 1, 2024, in Oshawa, all First Appearance dates will be conducted in person.
  2. Mediation and duty counsel are available to assist at First Appearance dates. Self-represented litigants are encouraged to contact duty counsel for legal advice to request assistance in advance of their hearings. See below for further information.

F. Dispute Resolution Officer (DRO) Dates

  1. Dispute Resolution Officer conferences are available in Newmarket, Oshawa, Barrie (including Midland, Collingwood and Orillia), Peterborough, Lindsay and Cobourg. DRO conferences will continue to proceed virtually.
  2. Parties who have commenced a Motion to Change can request a date for a Case Conference with a DRO either at the First Appearance date or, if they have already had a First Appearance and were not assigned a date, through the Trial Coordinator, with the exception of Newmarket. For Newmarket matters, DRO Case Conference dates are set through here. For Barrie (including Midland, Collingwood and Orillia) matters, DRO Case Conference dates are set through here.
  3. The DRO program may have earlier dates available than judges. If all parties consent, they can request a date with a DRO from the Trial Coordinator in lieu of a Case Conference before a judge for family applications other than Motions to Change.

G. Material for Trials and Long Motions

  1. The provisions set out below apply regardless of the mode of proceeding except when indicated.
  2. Trial Records shall be filed through the Justice Services Online Filing Portal. Information regarding how to register for the JSOFP and how to file documents can be found here.
  3. In addition, after the Trial Record has been filed electronically, two copies of the Trial Record must be filed physically at the courthouse in each location except for Oshawa which does not require paper copies for any matters.
  4. All proposed Exhibits that you intend to rely upon at trial must also be served and filed in advance of your trial through the JSOFP. Again, except in Oshawa, two copies of the Exhibit Brief must be filed physically at the courthouse and an electronic copy must be filed electronically.
  5. The physical and electronic copies of the Trial Record and Exhibit Brief must be identical. That is:
    • Both must have a Table of Contents (and the electronic copy must be hyperlinked);
    • All Tab numbers must be consistent; and,
    • All page numbers must be consistent.
  1. It would be helpful, but not essential, if the Table of Contents for all documents could be hyperlinked to the document.
  2. In order to streamline the filing of Trial Records and Exhibits needed for these trial sittings, a temporary designated drop-off window at the filing counter has been created. You will not be required to ‘take a number’ at the filing counter to drop off these materials.
  3. The Trial window is not manned by court-staff, and no advice will be offered. Only Trial Records and Exhibits (with corresponding Affidavit of Service) may be left at this location; they will be collected and logged into the court system daily. Any other document deposited at this counter will be disposed of and will not be deemed to have been filed in your action.
  4. Long Motion materials shall be filed through the JSOFP. As well, except in Oshawa, a hard copy must be filed with the filing CSD filing office at the temporary drop-off window. For long motions, each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed twenty (20) pages of narrative. If a party also intends to rely on an affidavit that has been previously filed with the Court, the length of that affidavit is included in the 20-page limit. This limit does not include third party and/or reply affidavits, where required, which shall not exceed 7 pages each.

H. Conduct for Video (ZOOM) Conferences

  1. In Oshawa, where a hearing is set to be heard by videoconference, the parties will be able to access the Zoom link in Case Center.
  2. Parties and counsel are to be ready in the Zoom waiting room 15 minutes prior to the scheduled time. In certain centres, court lists are tiered; in those centres, parties and counsel are asked to attend at 9:30 a.m. so that the list can be vetted by the presiding judge.
  3. Hearings that are conducted by video and teleconference are formal court events that replace an in-person attendance. Parties and counsel should conduct themselves as though they were in court. Counsel are expected to educate their clients with respect to appropriate decorum if they are not in the same location for the Zoom call. Counsel and parties are not expected to rise when the judge enters the conference or to stand during submissions. Counsel shall be required to gown based on the same requirements as for an in-person event. No parties or counsel shall be drinking (other than a glass of water), eating or smoking. It is expected that to the extent possible that parties and counsel will be in a separate room as opposed to in their car or out in public. All parties and counsel shall mute their microphones until the judge requests to hear from that person.
  4. For all child protection matters and conferences, parties shall make best efforts to ensure that they are participating in a private space without anyone else present unless the judge grants leave.

I. Information from the Office of the Children’s Lawyer

  1. The Office of the Children’s Lawyer (OCL) will continue to accept referrals including for Voice of the Child reports. Referrals will be assessed for urgency, complexity and the usual intake criteria.
  2. For new matters, the OCL must be served electronically at LegalDocuments@ontario.ca, including service on any other person where a document must be left with the Children’s Lawyer (i.e., where service on a minor is effected by leaving a copy with the Children’s Lawyer). The OCL will still accept limited service by other means such as fax or drop off, especially from self-represented parties who do not have computer access.

J. Information from the Family Responsibility Office

  1. Family Responsibility Office (FRO) matters will be heard in person and shall all be set for 9:30 a.m.
  2. Please refer to the FRO website for the latest information here.

K. Resources for Self-Represented Parties

Legal Aid Ontario

  1. On-site duty counsel and/or advice counsel is available. Please contact Legal Aid Ontario at the general toll-free number: 1-800-668-8258 for more information.
  2. If parties require assistance from duty counsel, they are asked to contact Legal Aid Ontario before the day of their hearing.
  3. Legal Aid Ontario has advised that summary legal advice services will be available through their telephone lines regardless of financial eligibility, but still subject to subject matter restrictions. Information about access to these services is available here.

Other Resources

  1. For Lawyer Referral Services provided by The Law Society of Ontario: 416-947-3310 / 1-800-268-7568 findlegalhelp.ca
  2. Community Legal Education Ontario (CLEO) is a non-profit organization that has developed a number of family law resources that you may find helpful:
    1. Steps to Justice. This CLEO resource includes practical tools, such as checklists, fillable forms and self-help guides. They have been developed in plain language to assist users with a variety of legal issues. To access these resources go here.
    2. Guided Pathways. CLEO has partnered with the Ministry of the Attorney General to develop an online resource called Guided Pathways to Family Forms. These online, interactive tools help users to complete court forms and understand the court process by taking them through a series of plain-language questions. Based on your answers, the pathways populate the applicable court forms and provide tailored legal information. At the end of the pathway, you will receive a package of their completed forms and a next steps checklist, which may be printed or saved to a computer. Please go here.
  3. The Ministry of the Attorney General has prepared guides to procedures in the Family Court. These guides are available on the Ministry of the Attorney General website here.
  4. To access family court forms visit here.

L. Mediation/ Information and Referral Coordinators

  1. Off-site mediation services are available virtually by videoconference.
  2. On-site mediation is available for certain matters on day of court. Parties wishing mediation should contact the applicable mediation centre or notify the court registrar at the commencement of a hearing.
  3. Mediation by teleconference is not available due to the requirements of screening for domestic violence that must be conducted in-person or by videoconference.
  4. Information and Referral Coordinators (IRCs) from each court location in the region will be available in the near future on-site at the courthouse. Contact information is set out below:
Centre IRC Contact
Barrie & Bracebridge The Mediation Centre of Simcoe County Inc. 705-739-6446 Barrieflic@gmail.com
Newmarket York Hills Centre for Children, Youth and Families 905-853-4816 IRC@yorkhills.ca
Oshawa Durham Mediation Centre 905-579-1988 Info@durhammediationcentre.org
Peterborough Kawartha Family Court Assessment Service705-876-6915 Audrey.lea@flic.kfcas.ca Brenda.kotras@flic.kfcas.ca Alicia.thibadeau@kfcas.ca
Lindsay Kawartha Family Court Assessment Service 705-324-1400 x413 claudette.riley@flic.kfcas.ca kathy.dunne@flic.kfcas.ca alicia.thibadeau@kfcas.ca
Cobourg Kawartha Family Court Assessment Service 905-372-3751 x128 Alicia.thibadeau@kfcas.ca Monica.walsh@flic.kfcas.ca

Part 4: Criminal Proceedings

  1. Parties must comply with the current practice direction in the Consolidated Provincial Practice Direction in Criminal Proceedings.
  2. Effective May 1, 2024, the Central East Region will conduct Assignment Court for all criminal matters.
  3. The Assignment Courts will be as follows:

Oshawa – Wednesdays at 3:00 p.m.

Newmarket – Thursdays at 9.30 a.m.

Barrie and Bracebridge – Wednesdays at 2:15 p.m.

Tri-County (Cobourg, Lindsay, and Peterborough) – Fridays at 9:30 a.m.

  1. Counsel are encouraged to let the Court know prior to an Assignment Court of any potential changes including but not limited to the possibility of re-election, plea of guilty or a withdrawal of charges.
  2. Arrangements can always be made on relatively short notice through the local Trial Coordinator for a judicial pre-trial to further those discussions.
  3. Counsel must note that gowning is mandatory for Assignment Court and Judicial Pre-Trials, whether conducted virtually or in person.
  4. For full details on uploading materials to Case Center (including links to helpful tips) and further particular requirements/restrictions on uploading materials to Case Center for criminal matters see the Consolidated Provincial Practice Direction in Criminal Proceedings.
  5. Court filed documents in criminal proceedings must comply with the court filing requirements in 4.01 of the Criminal Proceedings Rules.
  6. Court documents which do not comply with these document standards, including the maximum length for such documents will NOT be accepted for filing (and therefore cannot be uploaded to Case Center).
  7. All filings for Criminal matters are to be filed through the following email addresses:
Barrie Barrie.SCJ.courts@ontario.ca
Bracebridge Bracebridge.courts@ontario.ca
Cobourg Cobourg.court@ontario.ca
Lindsay Lindsay.courts@ontario.ca
Newmarket yorkcrimSCJ@ontario.ca
Oshawa Durham.SCJ.Courts@ontario.ca
Peterborough Peterborough.scj.courts@ontario.ca
  1. Upon service and filing of documents, counsel must immediately upload the filed documents to Case Center. If necessary, counsel should contact the Court Office to obtain a Case Center invite for the event. Uploading to Case Center after 4:00pm the business day before or the morning of the beginning of the hearing must be avoided.
  1. Case Center shall be used for all criminal events except for the following events:
    1. Assignment Court;
    2. Bail Estreatments; and,
    3. TBST matters.
  1. In the event new counsel takes over a matter from counsel of record, it is the responsibility of the new counsel to contact the former counsel of record to obtain the invitation to Case Center or in the alternative, obtain the invitation from the Trial Coordinator. Counsel may invite their legal assistant to upload the event materials.
  2. Parties must comply with the current practice direction in theConsolidated Provincial Practice Direction in Criminal Proceedings. 

Part 5: Divisional Court Proceedings

  1. The link to the Consolidated Provincial Practice Direction for Divisional Court Proceedings is as follows:

Consolidated Practice Direction for Divisional Court Proceedings | Superior Court of Justice (ontariocourts.ca)

Mark L. Edwards
Regional Senior Justice Superior Court of Justice
Central East Region