Effective Date: June 30, 2025

This Practice Direction applies to all proceedings in the Superior Court of Justice, Central South Region, effective June 30, 2025 and replaces all previous Practice Directions or Notices to the Profession, which are hereby revoked. Counsel and parties are also advised to refer to the relevant Parts of the Consolidated Provincial Practice Direction.

Part 1: Presumptive Mode of Hearing

For complete information on the Presumptive Mode of Hearing Guidelines for the Superior Court of Justice Guidelines, please see the Court’s Consolidated Provincial Practice Directions.

  1. The following summary lists the presumptive modes of hearing for matters in the Central South Region (Hamilton, Kitchener, St. Catharines, Welland, Brantford, Cayuga, and Simcoe).
AREA OF RESPONSIBILITY PROCEEDING TYPE IN PERSON VIRTUAL IN WRITING CASE CENTER
CRIMINAL Trial Scheduling/Assignment Courts X
Judicial Pre-Trials (JPTs) *usually by teleconference* X X
Bail Hearings X X
Bail Reviews *virtual where practical but otherwise in person to be addressed at the time of scheduling X X
Consent Bail Review/Variations X
Detention Reviews X X
Pre-Trial Motions X X
Non-Jury Trials X X
Jury Trials X
Guilty Pleas/Resolutions X X
Sentencing Hearings X X
Summary Conviction Appeals X X
FAMILY & CHILD PROTECTION MATTERS & BINDING JDR R. 39 First Appearance X
Place of Safety Hearings/TBST X
Child Protection Lists X
FRO Lists X
DRO Conference X X
Case Conferences X X
Settlement Conferences X X
Trial Management Conferences *with a settlement focus* X X
Trial Scheduling Conferences X X
Unopposed/14B/ex parte Motions X
Urgent Motions X
Short Motions (under 1 hour) X X
Contempt Motions X X
Long Motions (over 1 hour) X X
Summary Judgment Motions X X
Temporary Care & Custody Hearings X
Trial Scheduling/Assignment Courts X
Speak to Courts for Trial Sittings X
Family Trials X X
Child Protection trials X
Binding JDR X X
CIVIL Case Conference *usually by teleconference* X X
Pre-Trials X X
Consent Motions/Unopposed/ex parte X
Short Motions (under 1 hour) *in person and hybrid option at Hamilton Sopinka* X X
Long Motions/Applications (over 1 hour) X X
Trial Scheduling Assignment Court X
Speak to Court for Trial Sittings X
Non-Jury Trials X X
Jury Trials X

Part 2: Changes to the Presumptive Mode of Hearings

  1. A change to the mode of hearing as noted above must be made to the court no later than 14 days in advance of the scheduled event.
  2. Ultimately, the final determination of how an event will proceed will remain subject to judicial discretion. This will take into account the issues of the proceeding, the expected length of the hearing, the evidentiary record, e.g. self-represented litigants), the need for in person interpreters, and access to technology (including virtual capacity at institutions and courthouses).

A. Criminal Proceedings

  1. Any party seeking to change the presumptive mode of hearing for an event must raise this request with the court at the earliest attendance or no later than when scheduling the event.
  2. The request can be raised with the presiding judge at a Judicial Pre-Trial or Assignment Court.

B. Family Proceedings

  1. Any party seeking a change to specific family events, may do so by either:
    1. A request to a judge at an appearance or
    2. The filing of a Request for a Virtual Hearing. This form is to be sent to the respective Trial Coordinator’s offices.
  2. Virtual Hearing Request form can be found here: Virtual Hearing Request Form

NOTE: If a request is granted for a virtual hearing, then the hearing will be virtual and not hybrid. The parties will be advised accordingly.

C. Civil Proceedings

  1. 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 when first scheduling the event.
  2. The request must be made in writing and emailed to the Trial Coordinator’s Office, copied to all other parties. The Trial Coordinator’s Office will arrange for a telephone conference attendance before a judge.

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.

  1. Requests are to be sent to the following email addresses with “REQUEST FOR CHANGE IN PRESUMPTIVE MODE, Case Name and File #” in the subject line:

Hamilton (Civil & Criminal) — Hamilton.Superior.Court@ontario.ca Hamilton (Family) — Hamilton.Family.Superior.Court@ontario.ca Kitchener /Waterloo — Kitchener.Superior.Court@ontario.ca St. Catharines- St.Catharines.Superior.Court@ontario.ca Welland — Welland.Superior.Court@ontario.ca Brantford — BrantfS@ontario.ca Cayuga — Cayuga.Superior.Court@ontario.ca Simcoe — Simcoe.Superior.Court@ontario.ca

Part 3: Filing Court Documents

  1. Filing Court Documents shall be in accordance with the requirements set out in the Consolidated Provincial Practice Directions, including naming conventions of electronic material being filed, filing methods, timelines for filing, and maximum length of material being filed, except as outlined in this Practice Direction.

A. Uploading to Case Center

  1. Parties must comply with the requirements regarding uploading material to Case Center as outlined in the appropriate Provincial Practice Direction. This includes timelines for uploading materials in advance of a hearing and material that should not be uploaded to Case Center.
  2. In addition to the requirements outlined in the Provincial Practice Directions, parties are encouraged to consult the material regarding Case Center on the Superior Court of Justice website, available here.

Part 4: Criminal Proceedings

  1. A reference in this part to a “rule” or “rules” is a reference to the Criminal Proceeding Rules for the Superior Court of Justice, which are available here.

A. Filings

  1. All filings for Criminal matters are to be filed through the following email addresses and if applicable, uploaded to Case Center at least three (3) days prior to the event.

Hamilton — Hamilton.OCJ.courts@ontario.ca Kitchener /Waterloo — Kitchener.OCJ.Courts@ontario.ca St. Catharines — St.Catharines.Superior.Court@ontario.ca Welland — Welland.Superior.Court@ontario.ca Brantford — Brantfordscjcourt@ontario.ca Cayuga — HaldimandCountyCourt@ontario.ca Simcoe — Simcoe.SCJ.Courts@ontario.ca

  1. Parties must comply with the Consolidated Provincial Practice Direction for Criminal Proceedings.

B. Change in Status in Criminal Proceedings

  1. Any change regarding the status of a criminal matter must be brought to the immediate attention of the trial coordinator.

C. Committal to Superior Court of Justice

  1. Upon committal in the Ontario Court of Justice, the accused will be remanded to the next trial scheduling court (formerly assignment court) in the Superior Court of Justice that is at least three days from the date of the committal.
  2. The indictment committing the accused to stand trial shall be filed in the Superior Court of Justice at least three days before the accused’s first appearance in the trial scheduling court.

D. Trial Scheduling Court (formerly Assignment Court)

  1. Criminal trial scheduling courts are held at each court site in the Central South Region one day per calendar month. Please contact the local Trial Office and refer to the local calendar of courts.

E. Designations of Counsel

  1. Counsel are encouraged to file “designations of counsel” in the Superior Court of Justice at the earliest opportunity to save clients the time and expense of attending court to address scheduling matters at trial scheduling court.
  2. A designation filed in the Ontario Court of Justice does not apply in the Superior Court of Justice.
  3. An original designation of counsel for the Superior Court of Justice should be filed in advance of trial scheduling court if counsel intends to appear pursuant to the Designation.

F. Video Remands

  1. Accused persons who are in custody shall appear at trial scheduling court by video remand, unless otherwise directed by a judge.

G. Pre-Trial Conferences in Criminal Cases

  1. A pre-trial conference date and time can be arranged by counsel with the trial coordinator and held without a judge’s order and prior to the accused’s first appearance in trial scheduling court.
  2. Where a pre-trial conference has not been scheduled or held prior to the accused’s appearance in trial scheduling court, the parties shall schedule a pre-trial conference with the trial coordinator on a date that is at least three business days before the accused’s appearance in trial scheduling court; otherwise, the matter will be adjourned to the next trial scheduling court, subject to the discretion of the presiding judge.
  3. A pre-trial conference in a criminal matter must be held within 60 days of the order to stand trial in the Superior Court of Justice.
  4. The purpose of the pre-trial conference is to discuss the issues in the case, possible resolution of some or all of the issues, the scheduling of pre-trial motions, the scheduling of the trial and any other matter that the pre-trial conference judge feels may promote a fair and expeditious hearing of the charges contained on the indictment.
  5. Where the accused is represented by counsel, the pre-trial conference will be held before a judge of the court, in the presence of counsel and not the accused, unless the judge orders the accused to be present, in accordance with rule 28.05(8).
  6. Where an accused person is self-represented, the pre-trial conference will be held in a court room closed to the public pursuant to rule 28.05(2) or virtually. The conference shall be recorded, however, the recording and any transcript of the pre-trial conference will not be made available to anyone without notice to all parties and the prior written approval of the presiding judge or another judge of the court, in accordance with rules 28.05(3) and (4). Anything said in the pre-trial cannot be used for or against an accused during his/her trial.
  7. Pre-trial conference forms are to be delivered in accordance with rule 28.04.
  8. Crown counsel and counsel of record for each accused must attend the pre-trial conference fully briefed and with specific authority to act on the matter.
  9. The judge who presides at the pre-trial conference will not be the trial judge unless the parties consent.

H. Scheduling Trial Dates for Criminal Cases

  1. A trial date will not be scheduled until a pre-trial conference has taken place.
  2. Trial dates must be canvassed with the trial coordinator before they can be scheduled in trial scheduling court. Counsel wishing to set a trial date must canvass trial dates with the trial coordinator at least three business days prior to trial scheduling court; otherwise the matter will be adjourned to the next trial scheduling court date to achieve compliance with this rule.
  3. If the accused intends to bring a pre-trial application under s. 11(b) of the Charter (unreasonable delay in time to trial), that should be indicated to the trial coordinator and to the trial scheduling court so that the earliest possible trial dates can be identified and offered by the court.

I. Trial Readiness Forms

  1. All counsel are required to comply with the rules with respect to trial readiness forms.
  2. Form 18C — CRIMINAL Trial Readiness Form

J. Adjournment of Trial or Pre-Trial Applications

  1. In the event that the Crown or a defendant should need to seek an adjournment of a trial date or pre-trial application date after the date has been fixed, the trial coordinator and the opposing counsel/party shall immediately be given written notice of the request so that a date can be set for the adjournment application to be heard.
  2. A formal notice of application and supporting affidavit for an adjournment must be served and filed in accordance with rules 26.03 and 26.04, unless otherwise directed by a judge.
  3. The parties shall attend before the presiding judge on the date and at the time obtained from the trial coordinator. If an accused is in custody, the applicant shall take the appropriate steps to have the accused appear by video.

K. Abandonment of Pre-Trial Applications

  1. If time has been scheduled for a pre-trial application and the applicant determines that the application will not be necessary, the applicant must immediately serve and file a Notice of Abandonment (Form 9 prescribed under the rules) and also give a copy to the trial coordinator.

L. Non-Compliance with Court Ordered Deadlines

  1. In the event that a party does not comply with an order or rule of the court stipulating the date by which a party bringing a pre-trial application shall serve and file its materials and/or an order or rule stipulating the date by which a party responding to a pre-trial application must serve and file its materials, the trial coordinator is to be immediately notified.
  2. If any party feels that the matter needs to be addressed in open court, the party must inform the trial coordinator, who will advise the parties when the matter is to be spoken to in open court, and the parties shall attend before the presiding judge on the date and at the time assigned. The accused shall also attend before the court at the assigned date and time. If an accused is in custody, the Crown shall take the appropriate steps to have the accused attend before the presiding judge.

M. Bail Variations pursuant to section 515.1 of the Criminal Code

  1. Please refer to the relevant parts of the Consolidated Provincial Practice Direction in Criminal Proceedings.

N. Other Bail Applications

  1. Unless the application is under s. 522 or 518(2) of the Criminal Code, if an application for bail has never been brought by the accused at any time, it must be brought in the Ontario Court of Justice, even if the accused has been committed for trial in the Superior Court of Justice.

O. Summary Conviction Appeals

  1. Summary Conviction Appeals shall be placed on a trial scheduling court list to be spoken to, in accordance with the following timelines:
    1. Defence appeals involving appellants who are out of custody shall be placed on a trial scheduling court list no more than three months from the date of the filing of Notice of Appeal. When the appeal is perfected, the court will assign a hearing date and time
    2. Crown appeals and defence appeals involving appellants who are in custody on the matter from which the appeal is taken shall be placed on a trial scheduling court list which is no longer than 30 days from the date of filing the appeal.
  2. In certain cases, where circumstances require it, counsel or a party may seek leave to argue an appeal without transcripts but by using alternative means, including the digital recording of the event from which the appeal is being brought.

P. 90 Day Detention Reviews

  1. Upon receipt of a Notice of Application for a 90 Day Detention Review pursuant to section 525(1) of the Criminal Code, the matter will be placed on the trial scheduling court list, in accordance with the procedures set out in the section.
  2. If the accused is not represented by counsel:
    1. The 90-Day Detention Review will be heard at the next trial scheduling court or any earlier date that is agreeable to the Crown and the accused.
    2. Notice of this hearing date will be sent to the institution in which the accused is detained and the Crown Attorney’s office by the trial coordinator.
    3. Where necessary, the Crown Attorney’s office will obtain an Order to Procure Attendance of a Prisoner to have the accused brought to the courthouse for the hearing.
  3. If the accused is represented by counsel:
    1. 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.
    2. If counsel waives the hearing, he/she shall immediately provide the trial coordinator with a written waiver of the hearing signed by the accused or counsel, which the trial coordinator will forward to the institution in which the accused is detained in custody and the Crown Attorney’s office.
    3. If counsel indicates that a hearing date is to be set,
      1. The matter will be placed on the next trial scheduling court date list, so that a hearing date will be set by a judge.
      2. The accused will attend the trial scheduling court by video remand.
      3. After the hearing date is set, the trial coordinator will send a copy of the Notice of the Hearing Date to the institution in which the accused is detained.
      4. If the date is set in the absence of the accused, where necessary, the Crown Attorney’s office will obtain a judge’s order to have the accused brought either to the courthouse, or to appear by video, for the trial scheduling court and/or for the hearing.
  4. Counsel and the accused shall attend at the trial scheduling court unless a waiver signed by the accused has been received by the trial coordinator at least three days before trial scheduling court.

Part 5: Family Proceedings

A. Filings

  1. Counsel and parties in family proceedings are advised to refer to the Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice, for the filing of court documents and limited filing by email. The Consolidated Provincial Practice Direction is available at: Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice
  2. The Court will accept limited filing by e-mail at the specific e-mail addresses indicated below in accordance with Family Proceedings Part 1 A 2, Limited Filings by Email of the Consolidated Provincial Practice Direction.Click here for the Limited Filing by Email section

B. Case Conferences

  1. All documents filed must use of font of not less than 12 point and double spacing.
  2. Case Conference Briefs must not exceed 8 pages, plus permissible attachments (as defined below) and additional documents that are required by the Family Law Rules. This 8-page limit includes the brief itself (Form 17A) and any additional pages of facts and/or arguments that are attached to the brief as an appendix or schedule.
  3. Permissible attachments must include only relevant excerpts from the following documents, (not included in the 8-page restriction):
    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. Income or business valuations, pension valuations or real estate appraisals (where the value of property is in dispute);
    4. 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; and,
    5. Domestic contracts, including separation agreements, marriage contracts or cohabitation agreements that are relevant to the issues in dispute.
    6. Support calculations; and,
    7. Terms of recognizance, police report or reports from the Children’s Aid Society, where applicable.
  4. If disclosure is not resolved prior to the Case Conference, any party seeking disclosure must include in their materials a list of the outstanding disclosure (not included in the 8-page limit).
  5. All documents filed must be uploaded to Case Center at least three (3) days prior to the event.

C. Dispute Resolution Officer (DRO) Case Conferences

  1. The DRO Program is up and running for Case conferences on all Motions to Change files in:
    • Hamilton Family,
    • Kitchener,
    • St. Catharines,
    • Welland
  2. On consent, parties may also appear for a case conference before a Dispute Resolution Officer on regular applications. Counsel may reach out to the respective Trial Coordinator office to receive available dates and times or a date can be set at the First Appearance Court.

D. Settlement Conferences

  1. Settlement Conference Briefs must not exceed 12 pages, plus permissible attachments (as defined in the Case Conference section above) and additional documents required by the Family Law Rules. This 12-page limit includes the brief itself (Form 17C) and any additional pages of facts and/or arguments that are attached to the brief as an appendix or schedule.
  2. Parties must serve, file and uploaded a Trial Scheduling Endorsement Form with their Settlement Conference briefs.
  3. If the case has not settled at the conclusion of the settlement conference, the court shall determine if the Trial Scheduling Endorsement Form can be completed at the conference or shortly thereafter and shall give directions to the parties regarding the completion of this form.
  4. If a Trial Scheduling Conference is scheduled at the Settlement Conference and an order is made by the judge that UPDATED Trial Scheduling Endorsement Form (TSEF) are to be completed, these shall be served and filed.

E. Trial Scheduling Conferences

  1. If necessary, the Court may require the parties to attend a trial scheduling conference to canvass issues regarding the scheduling of the trial and ensure proper completion of the Trial Scheduling Endorsement Form. Unless the parties receive direction from the court otherwise, each party shall complete and file their portion of the Trial Scheduling Endorsement Form with the court in advance of a trial scheduling conference in accordance with the timelines in rule 17(13.1).
  2. A trial scheduling conference’s purposes include (i) ensuring that the case is ready to proceed to trial, (ii) considering each party’s list of proposed witnesses, and (iii) ensuring the accuracy of the estimated time for trial. Consideration should also be given to other conditions that would be appropriate under subrule 1(7.2) to limit the duration and scope of the trial.
  3. A trial date will not be made available until the court has reviewed and endorsed the complete Trial Scheduling Endorsement Form.
  4. All documents filed must be uploaded to Case Center at least three (3) days prior to the event.

F. Form 14B Motions

  1. Rules 14(4.2) and (10) of the rules provide that motions are permissible before a case conference if the request for relief is limited to “procedural, uncomplicated or unopposed matters”. In most cases, relief should be requested using 14B Motion Form
  2. In order to assist counsel and parties in making the best use of available conference time, the Superior Court will encourage greater use of Form 14B motions whenever it will make the case conference process more effective. Form 14B motions allow parties to address certain threshold issues prior to the case conference and are designed to streamline conferencing in family law proceedings. Such motions are limited to procedural, uncomplicated or unopposed matters that will promote the concept of fewer, but more meaningful case conferences.
  3. Before a case conference is held, lawyers and self-represented litigants are strongly encouraged to use Form 14B to obtain any orders that are needed to make the case conference productive. Examples of appropriate orders include:a. orders of either a procedural or substantive nature that are on consent, or unopposed;b. a request for the appointment of the Office of the Children’s Lawyer;c. orders to add a party or obtain discovery from a third party;d. orders for production of documents, permission for questioning or other issues pertaining to discovery;e. enforcement of an order to provide information, produce a document or serve and file a financial statement or other document;f. any other procedural order or direction needed to promote a meaningful case conference.
  4. Motions that are without notice, on consent or unopposed will be determined by a judge in chambers, unless the court directs otherwise.

G. Urgent Family Motions

  1. Family motions which require immediate access to the court and for which it is impractical to follow the standard procedures arise in three contexts:(a) Motions without notice (ex parte);(b) Urgent motions to be heard prior to a case conference;(c) Urgent Short notice after a case conference has been held.
  2. A motion without notice is brought pursuant to Rule 14(12) of the Family Law Rules and only permissible where:(a) The nature or circumstances of the motion make notice unnecessary or not reasonably possible;(b) There is an immediate danger of a child’s removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;(c) There is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences;(d) Service of a notice of motion would probably have serious consequences.
  3. If a court order is necessary to preserve life, the health or safety of a child or the party, liberty, property or to address the immediate danger of a child’s removal from Ontario and time is of the essence, a party may request that a motion be heard immediately, without notice (Rule 14(12)), prior to a case conference (Rule 14(4.2)) or on short notice (Rule 3(5)).
  4. The Emergency Motion Request Form must be fully completed and submitted to the Trial Coordinator along with the Notice of Motion, the Affidavit in support of the motion and an affidavit of service if applicable. Requests submitted after 4:00 p.m. may not be reviewed until the following business day. This form is not to be submitted through the JSO portal as it will not be accepted.
  5. Requests are to be made by e-mail to the respective Trial Coordinator offices:
  6. The Affidavit submitted in support of the motion should include sufficient detail, including particulars about why the matter is urgent and enough background information for the judge to understand the context and circumstances in which the request arises. Litigants who are representing themselves are encouraged to seek legal advice.
  7. The request for urgency will be reviewed by a judge and, if accepted, the court will provide further direction.
  8. If the matter is found to be urgent, the materials for the hearing are to be filed with the specific court offices as set out under the section dealing with Criminal, Civil, and Family matters for each courthouse.

H. Materials for Motions

  1. Short Motions can be argued in less than an hour, excluding time for a judge to render a decision.
  2. Long Motions are for motions expected to be more than one hour.
  3. In accordance with the Provincial Practice Direction, 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:
    • 12 pages of narrative for short or regular motions, and
    • 20 pages of narrative for long motions.
  4. 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 page limit.
  5. 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).
  6. Except for motions arising from the wrongful removal or retention of a child, 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 12 pages of narrative. This limit does not include third party and reply affidavits, where required, which shall not exceed 5 pages each, or affidavits relating to a party’s financial statement in accordance with Rule 13(12)(b).
  7. In addition, exhibits to each party’s affidavit shall be limited to only the necessary and relevant evidence and are generally expected not to exceed 10 pages.
  8. Leave is required to file documents beyond these restrictions which will only be granted in exceptional circumstances
  9. A factum (or Summary of Argument) is required on all long motions except as noted otherwise. Except with leave of the court, factums are limited to 20 pages.See Provincial Practice Direction Section F Motions — Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice
  10. All documents filed must be uploaded to Case Center at least three (3) days prior to the event. Parties are required to submit draft orders as a separate attachment with their motion materials.

I. Scheduling Short and Long Family Motions at Hamilton Family, Kitchener, St. Catharines and Welland

  1. The notice of motion shall indicate any Wednesday as the hold date for the hearing date. Confirmations are required 3 days before the hold date.
  2. For short motions which can be argued in less than 1 hour, the Trial Coordinator will provide a date for the hearing, and the original Wednesday hold date will then be vacated.
  3. For long motions which require more than 1 hour, the motion will be scheduled by the Trial Coordinator for a week of.
  4. Prior to the week assigned, a further confirmation is required no later than Thursday prior to the Monday. The confirmation shall include issues to be decided, list of materials relied upon and availability of counsel during the week.

J. Scheduling Short and Long Family Motions at Brantford, Cayuga and Simcoe

  1. Short family motions at Brantford, Cayuga and Simcoe are to be heard on the designated days at 10:00 a.m. as follows:
  2. Brantford Superior Court designated Fridays (contact the Trial Coordinator for specific dates)
  3. Cayuga Courthouse designated Tuesdays (contact the Trial Coordinator for specific dates)
  4. Simcoe Courthouse designated Thursdays (contact the Trial Coordinator for specific dates)
  5. Long family motions are to be returnable on any designated motion day. A confirmation must be filed at least 3 days before the date set. The motion will then be scheduled by the Trial Coordinator for a week of.
  6. Prior to the week assigned, a further confirmation is required no later than Thursday prior to the Monday. The confirmation shall include issues to be decided, list of materials relied upon and availability of counsel during the week.

K. Family Confirmations

  1. A Confirmation (Form 14C & 17F) must be filed:
    • By all parties no later than 2:00 p.m., three (3) days before the hearing or conference.
  2. The parties or their counsel should consult with each other prior to filing their Confirmations unless the parties are self-represented and prohibited from communicating by court order.
  3. Where a Confirmation has not been filed by either party, the motion or conference may not proceed.
  4. The Confirmation must list only the specific issues that are to be decided at the event. It should also indicate which materials the judge should review with clear reference to the specific volume, tab and page numbers.
  5. 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.
  6. For long motions, the confirmation shall list the all the materials of all parties related to the motion and any cross motions in chronological order.
  7. 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.
  8. Parties are to note in the confirmation subject line: CONFIRMATION, 17F or 14C — Court file Name and Number.
  9. Confirmation forms are to be sent to the respective Trial Coordinator’s Offices as follows:
  10. Confirmations shall be upload to the respective Case Center bundle once filed with the Trial Coordinator’s office. This is mandatory.

Part 6: Trials

A. Short Trials

  1. A short trial is a trial that will take 20 court days or less.

B. Court Schedule

  1. Each court location in the region holds trial sittings at different times throughout the calendar year. The trial sittings are listed in each local calendar of courts. Please contact the local Trial Coordinators Office.

C. Trial Readiness Court

  1. Cases that have been placed on the trial list will be deemed ready to proceed. Parties must file their trial readiness form no later than 3 days before the Trial Readiness Court. Trial Readiness Courts are held in advance of each trial sittings. The trial sittings are listed in each local calendar of courts. Please contact the local Trial Coordinators Office.
  2. Counsel and parties have a duty to inform the trial coordinator of any pertinent information that may affect the trial (e.g. a case has settled or a change has occurred that will affect the status of the trial).

D. Trial Adjournment Requests

  1. Any request for an adjournment of the trial must be communicated to the trial coordinator immediately. An adjournment can only be granted by order of a judge, even if all parties consent to the adjournment.

E. Long Trial Sittings

  1. All trials which are expected to last longer than 20 days are deemed to be long trials.
  2. There are two long trial sittings each year in the Central South Region, usually in March (usually commencing just after the March School Breaks) and in October. These dates are listed in the Central South Region’s Regional Court Calendar.
  3. Any matter placed on the long trial list is given a fixed date to commence and a judge will be made available to hear the matter in its entirety. Once a matter is placed on the long trial sittings list and a trial date is fixed, adjournments are rarely granted without significant costs ramifications.
  4. All family cases requiring more than 20 days for trial must be referred to the Office of the Regional Senior Judge for possible assignment to a Long Trial. Where a judge determines that a matter should be referred to the long trial list, the judge will endorse the Trial Record and the Trial Scheduling Endorsement Form accordingly and forward the Form to the Office of the Regional Senior Judge.
  5. The Office of the Regional Senior Judge will arrange a conference call with all parties or their counsel to assign the case to a particular long trial sittings, may order a schedule to be followed to ensure that the case is ready to proceed on the sittings to which it has been assigned and schedule a trial management conference to be held before the trial date.
  6. All requests for an adjournment of a trial on the long trial list, including a consent adjournment, must be made to the Regional Senior Judge or his/her designate who will decide if a formal motion is necessary.

Part 7: Binding JDR — Rule 43 of the Family Law Rules

  1. Binding JDR is available in appropriate cases throughout the Central South Region. Email Addresses to file Binding JDR Confirmations:

Part 8: Mediation

Affordable, court-connected mediation services are available at all Superior Courts. Contact information for local mediation service providers is available Home – AXIS Family Mediation Inc. Referrals to private family mediation services are also available through professional organizations such as OAFM and FDRIO. Parties are encouraged to consider using family mediation services to attempt to resolve their disputes. Contact your local mediation service-provider for information about these services including whether mediation is appropriate in the circumstances.

Part 9: Courthouse Specific Procedural Notices

For information on local notices or forms please email your local Trial Coordinator’s Office.

A. Hamilton Family Court

-Notice to the Profession Mediation Initiatives and Conference Adjournments -Conference Adjournment Request Form

B. Kitchener

-Uncontested Trial Procedure

C. St. Catharines

-Monthly TBST Court, Monthly Consent and Resolution Court and Trial Readiness Court

D. Welland

-Monthly TBST Court and Trial Readiness Court

Part 10: Civil Proceedings

A. Filings

  1. Counsel and parties in civil proceedings are advised to refer to the Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice, for the filing of court documents and limited filing by email. The Consolidated Provincial Practice Direction is available at: Consolidated Civil Provincial Practice Direction
  2. The Court will accept limited filing by e-mail at the specific e-mail addresses indicated below in accordance with Part 1 A 8 B, C, D, of the Consolidated Provincial Practice Direction.Click Here for the Limited Filing by Email section.

B. Emergency Civil Motions

  1. Emergency motions are matters which require immediate access to the court and for which it is impractical to follow the standard procedures. Generally, a matter is an emergency if a court order is necessary to preserve life, liberty and property, and time is of the essence. Emergency motions are to be made by e-mail to the respective Trial Coordinator offices.
  2. The email shall describe the relief requested and why the matter is urgent and shall attach a draft of the proposed Notice of Motion or other originating document but not all the materials for the hearing itself.
  3. The request for urgency will be reviewed by a judge and, if accepted, the court will provide further direction.
  4. If the matter is found to be urgent, the materials for the hearing are to be filed through the JSO portal.

C. Motions

Short Motions (1 hour or less)

  1. For Short Civil Motions (1 hour or less) counsel may select a day on which motions are heard at each courthouse.

Designated days for Short Civil Motions:

  1. Short civil motions may be scheduled at each courthouse at 10:00 a.m. on the days outlined below:
    • Hamilton John Sopinka Courthouse every Tuesday and Thursday
    • Waterloo Regional Courthouse every Thursday
    • St. Catharines Robert S. K. Welch Courthouse every Thursday
    • Welland Courthouse every Friday
    • Brantford Superior Court designated Fridays (contact the Trial Coordinator for specific dates)
    • Cayuga Courthouse designated Tuesdays (contact the Trial Coordinator for specific dates)
    • Simcoe Courthouse designated Thursdays (contact the Trial Coordinator for specific dates)
  2. Parties are filing unnecessary materials on motions. Accordingly, the following limitations are imposed on motion material: each party is restricted to one primary affidavit in support of their position on the motion which shall not exceed 12 pages of narrative. This limit does not include third party and reply affidavits, where required, which shall not exceed 5 pages each. In addition, exhibits to each party’s affidavit shall be limited to only the necessary and relevant evidence.
  3. A draft Order (Form 59A) is required to be provided separately from the motion record.
  4. A confirmation must be filed at least 5 days before the date chosen.
  5. All documents filed must be uploaded to Case Center at least five (5) days prior to the event.

D. Long Motions and Applications

  1. A long motion or application is one which is expected to require more than one hour for argument, including reply argument (but excluding the time required by the judge to consider the matter and render a decision).

Scheduling Long Civil Motions or Applications

  1. Long motions or applications are generally set to be argued during a specified week rather than a specific date.
  2. Long civil motions or applications are to be returnable on any designated motion day. Once all material is filed, a confirmation shall be sent to the Trial Coordinator advising of the specific “Week of Ready List” that the parties are available for the motion or application to be called.
  3. A confirmation must be filed at least 5 days before the date set. The motion will then be scheduled by the Trial Coordinator for a week of.
  4. Prior to the week assigned, a further confirmation is required no later than Thursday prior to the Monday. The confirmation shall include issues to be decided, list of materials relied upon and availability of counsel during the week.

Timetable for Long Motions and Applications

  1. Parties are expected to agree and adhere to a timetable of events prior to the hearing of a long motion or application (e.g., dates for responding materials to be filed, productions to be complete, cross-examinations, delivery of factums, etc.). If an agreed upon or court ordered timetable is not complied with after a date for a long motion or application has been assigned, a party shall bring a motion returnable at an earlier regularly scheduled motions date to have the matter spoken to by all parties.
  2. A factum is required on all long motions and all applications (even those put on the short motions list) except as noted otherwise. Except with leave of the court, factums are limited to 20 pages, at least 12-point font and double spaced. Any failure to file a factum in accordance with these timelines will be addressed by the judge hearing the long motion and may result in an adjournment or costs consequences.
  3. A Compendium containing excerpted portions of the court filed documents and evidence that are essential to the hearing of the motion or application shall be filed and uploaded by each party for all long motions and applications. A joint Compendium may be filed with the respondent’s factum.
  4. All court documents, including factums and compendiums, must comply with R. 4 of the Rules of Civil Procedure with respect to formatting, including hyperlinks and bookmarks and must comply with the maximum length requirements set out in this Notice. Failure to do so may result in the document being rejected for filing.
  5. All records must contain a bookmark or hyperlink from the index to the referenced tab (e.g., an affidavit or exhibit) and from the referenced tab back to the index. Bookmarks in documents uploaded to Case Center must “survive” being downloaded as PDFs. Failure to comply with these requirements may result in the dismissal of the motion or application, adjournment of the hearing, the court not reviewing non-compliant documents, or cost consequences in the discretion of the hearing judge.
  6. All documents filed must be uploaded to CASE CENTER at least five (5) days prior to the event.

E. Consent, Without Notice, Unopposed Motions and Motions in Writing

  1. All consent, without notice, unopposed motions or motions in writing, require that a draft Order (Form 59A) and draft endorsement both in Word format be provided separately from the motion record. All these motions must be filed with the court office with payment of the applicable filing fee. They will be placed before a judge in chambers for review in the normal course. These motions may not be “filed” by delivering them to the trial coordinator for a judge to review, or by sending them by email or otherwise directly to a judge of the court.

F. Civil Case Conferences

  1. To request a case conference, the form attached is to be completed and filed with the respective Trial Coordinator’s office.
  2. Once a date has been provided, the parties shall upload to Case Center the pleadings and documents necessary for the case conference.
  3. If the parties are seeking a timetable on consent, the consent timetable must uploaded to Case Center. If the parties cannot agree, each parties’ proposed timetable shall be uploaded to Case Center.

G. Civil Endorsement Sheets

  1. The following endorsement sheet must be completed by the moving party on all civil motions/applications and be uploaded to Case Center in Word format five (5) days prior to the event. Central South CV Endorsement Sheet

H. Civil Confirmations

  1. Confirmations are required for all motions and applications: long or short, even if they are set for hearing on a specific date. The presiding judge uses the confirmation for preparation: to determine what to read and what issues are in dispute.
  2. A Confirmation (Form 37B or 38B) must be filed:
    • By the moving party by 2:00 p.m., five (5) days before the hearing
    • The responding party by 10:00 a.m., four (4) days before the hearing
    • The parties may file a Confirmation jointly on or before 2:00 p.m., five (5) days before the hearing.
  3. The parties or their counsel should consult with each other prior to filing their Confirmations unless the parties are self-represented and prohibited from communicating by court order.
  4. Where a Confirmation has not been filed by either party, the motion may not proceed.
  5. The Confirmation must only list the specific issues that are to be decided on the motion. The Confirmation must also indicate which materials the judge should review with clear reference to the specific volume, tab and page numbers. Parties are not to refer to documents that the party does not intend to refer to in submissions; doing so may be a factor in determining costs.
  6. 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.
  7. Parties are to note in the confirmation subject line: CONFIRMATION – Court file Name and Number.
  8. They are to be sent to the respective Trial Coordinator’s Offices as follows:
  9. Confirmations are also to be uploaded to the respective bundle in Case Center once filed with the Trial Coordinator’s office.
  10. Where parties or their counsel have resolved a motion scheduled for hearing by way of a fully executed consent and draft order or who will be seeking an adjournment of the motion after the motion confirmation form is filed indicating the motion is proceeding, the trial coordinator must be advised forthwith, and a revised motion confirmation form must be uploaded to Case Centre immediately. Failure to do so may result in consequences in the discretion of the motion judge.

I. Civil Pre-Trials

Briefs

  1. Pre-Trial conference briefs shall contain no more than 20 double spaced typed pages. Medical reports, contract, experts’ reports and other documents are not to be attached. Relevant excerpts from such documents should be included in the typed pre-trial brief. The documents should be available at the pre-trial conference in case the presiding judge needs to review one or more of them. The first page or two of the pre-trial briefs should contain an “executive summary” of the case so that the presiding judge can quickly get a “snapshot” of the facts and issues.

Pre-Trial Conference Report Forms

  1. To make pre-trial conferences productive, counsel and any self-represented party must, at least seven days in advance of the pre-trial conference, 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 on which the parties agree. For example, that summaries of the proposed evidence of witnesses or opening statements will be exchanged. — Rule 50.08 Form / Rule 76 Form
  2. After the parties have consulted, and completed the Report, it must be filed and uploaded to Case Center at least 5 days before the pretrial.
  3. 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 the completion of the Report.
  4. All documents filed must be uploaded to Case Center at least five (5) days prior to the event.
  5. Pre-trial dates will, where possible, be scheduled within 120 days of the trial date or the commencement of the sittings.
  6. The parties must comply with the provisions of R. 53.03 with respect to expert reports and deliver the Certificate referred to in R. 50.03. Failure to deliver all expert reports at least 90 days prior to the pre-trial will likely attract costs sanctions 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.

J. Trials

  1. A civil action is set down for trial by filing a trial record.

Court Schedule

  1. Each court location in the region holds trial sittings at different times throughout the calendar year. The trial sittings are listed in the Central South Region’s Regional Court Calendar.

Short Trials

  1. A short civil trial is a trial that is expected to be completed in 20 days or less.

Short Trials — Trial Scheduling Court

  1. Upon filing of the trial record, the registrar shall provide the listing party or their counsel with the notice of trial scheduling court. Within five days of receipt, the listing party or their counsel must serve the notice of trial scheduling court on all other parties or their counsel.
  2. In advance of trial scheduling court, the listing party is expected to obtain available trial and pretrial dates from the trial coordinator and canvass those dates with the other parties. Parties are then expected to agree upon dates among the available trial and pretrial dates.
  3. Where the parties agree to a trial date and pretrial date, they shall file a Form 2 Consent with the trial coordinator requesting that the agreed upon trial sittings be assigned to the case and the pretrial date be confirmed. If the trial coordinator receives the consent by 2:00 p.m. three business days before the trial scheduling court the parties do not need to attend trial scheduling court.
  4. If and only if the parties do not agree to a trial date, they may attend to speak to the matter at trial scheduling court so that a trial and pretrial date can be assigned.
  5. Consent trial and pretrial dates will not be assigned at the trial scheduling court. Trial scheduling court is only when the parties cannot agree on a trial date.
  6. All actions may be adjourned on consent to another trial scheduling court through the trial coordinator in advance of the trial scheduling court date. Parties or their counsel must email a consent for the adjournment, signed on behalf of all parties, with the trial coordinator by 2:00 p.m. three business days before the trial scheduling court date.
  7. Consent procedural orders will not be granted at trial scheduling court.
  8. Absent a consent adjournment, or a consent to place a matter on a trial sittings of the court, parties or their counsel are expected to appear virtually at trial scheduling court.

Adjournment of Cases Set Down for Short Trials

  1. Once an action is placed on a trial sittings, parties are deemed ready to proceed to trial as per rule 48.07. Cases scheduled for trial will proceed during a scheduled sitting week or designated trial week. Where a case is scheduled to proceed during a sitting week, parties or their counsel are expected to proceed when called.
  2. Counsel and parties are responsible to advise the trial coordinator of the status of an upcoming trial. Some examples of the information which must be communicated to the trial coordinator, as soon as it is apparent to a party, include:
    1. settlement of the action or pending settlement of the action;
    2. whether it is likely that a request for adjournment will be sought;
    3. whether there will be any motions at the outset of the trial;
    4. whether the parties may consent to dispensing with a jury;
    5. the need for an interpreter to assist with the testimony of one or more witnesses; and
    6. the name of a particular judge who may not be able to preside due to a potential conflict.
  1. All requests to adjourn a short trial or a long trial must be communicated immediately to the trial coordinator’s office.
  2. To obtain an adjournment of a short trial, including a consent adjournment, the parties are to request a case conference call before a judge who will determine whether a motion is necessary. An adjournment can only be granted by an order of a judge, even if all parties agree to the adjournment.

Civil Trial Readiness Courts

  1. Hamilton, Kitchener, St. Catharines and Welland courthouses have a civil trial readiness court in advance of the civil trial sittings. Counsel and parties are expected to attend this court to confirm the trial is ready to proceed.
  2. Dates for trial readiness courts can be found in the Central South Region’s Regional Court Calendar.

Long Trials

  1. A long civil trial is a trial that is expected to take more than 20 days.
  2. There are two long trial sittings each year in the Central South Region, usually in March (usually commencing just after the March School Breaks) and in October. These dates are listed in the Central South Region’s Regional Court Calendar.

Procedure for Obtaining Long Trial Dates

  1. Any matter placed on the long trial list is given a fixed date to commence and a judge will be available to hear the matter in its entirety. Once a matter is placed on the long trial list and a trial date is fixed, adjournments are rarely granted without significant costs consequences.
  2. All civil cases requiring more than 20 days in length for trial must be referred to the Office of the Regional Senior Justice. After a trial record is filed, cases are referred to the Office of the Regional Senior Justice for possible assignment to a long trial list in one of three ways:
    1. A judge may determine that a short trial should be referred to the long trial list. The judge will endorse the trial record accordingly and refer the case to the Office of the Regional Senior Justice.
    2. If all parties agree that a trial will last more than 20 days, a consent request for a long trial date can be delivered to the Office of the Regional Senior Justice.
    3. If all parties do not agree that a trial will last more than 20 days, any party may write to the Office of the Regional Senior Justice seeking a teleconference to determine whether the matter should be placed on the long trial list.
  3. Where a matter is referred to the Office of the Regional Senior Justice for possible assignment to a long trial list, parties or their counsel must complete the Long Trial Sittings Intake Form. The form must be submitted to the Office of the Regional Senior Judge of the Superior Court of Justice, by email at: rsjofficecentralsouth@ontario.ca within 10 days of a party’s request for a long trial date, or an order of judge referring the case to the Office of the Regional Senior Justice for assignment of a long trial date.
  4. The Office of the Regional Senior Justice will then arrange a conference call with parties or their counsel to assign the case to a particular long trial sitting and order a schedule to be followed to ensure that the case is ready for trial at the sittings to which it has been assigned. The matter will be determined by the Regional Senior Justice in a telephone conference call arranged with counsel or, if one of the parties is self-represented, at an “in court” attendance or by video which will be recorded by a court reporter.

Adjournment of Cases Set Down for Long Trials

  1. Counsel or parties must arrange a conference call with the RSJ if they are requesting an adjournment.

Restoring an Action to a Trial List

  1. An action that is struck off a trial list must be restored by order of a judge, obtained at a motion, pursuant to rule 48.11. An affidavit of counsel detailing the reason for the action being removed from the trial list, along with the current status of the action, shall be filed in support of the motion. If an action is restored to the trial list, the order shall include a specific trial scheduling court date or trial sittings, or in the case of a long trial, it shall be referred to the Office of the Regional Senior Justice.

K. Transfer of Cases

From Central South Region to another Region

  1. If a party seeks to transfer an action commenced in the Central South Region to another region, a motion to transfer shall be filed in the court office of the county to which the transfer is sought (the receiving region), as per rules 4.05(2)4 and 13.1.02(3.1).
  2. Please refer to section I.c. of the Consolidated Civil Provincial Practice Direction here, which sets out the process for motions to transfer a civil proceeding to the Central East, Central West, Central South and Toronto regions.
  3. If the transfer is approved, the signed order must be issued and entered in the court location where the action was started and a requisition must then be made to transfer the file to the court location in the receiving region which has been approved in the signed transfer order.

From another Region to Central South

  1. If a party seeks to transfer an action commenced in another region to the Central South Region, a motion to transfer shall be filed in the court office of the county within Central South to which the transfer is sought, as per rules 4.05(2)4 and 13.1.02(3.1).
  2. The motion shall be heard by the Regional Senior Justice of the Central South Region, in writing or virtually as directed by the Regional Senior Justice. Please refer to section I.c. of the Consolidated Civil Provincial Practice Direction here.
  3. If the transfer is approved, the signed order must be issued and entered in the court location where the action was started and a requisition must then be made to transfer the file to the court location in the Central South Region which has been approved in the signed transfer order.

From one Superior Court location to another Superior Court location in the same Region

  1. A motion to transfer a civil case from one location in the Central South Region to another location in the Central South Region should be brought in the court location in which the action was commenced.
  2. If it is a consent motion, the motion shall be considered by the Local Administrative Judge at that court site. If it appears appropriate to transfer the case, before signing the order, the Local Administrative Judge will verify with the Local Administrative Judge of the court location to which the action is to be transferred that the case can be accommodated at that court site.
  3. If it is not a consent motion, the motion shall be made returnable at a weekly motions court. If the presiding judge determines that the transfer order should be made, before signing the order he/she will verify with the Local Administrative Judge of the court location to which the action is to be transferred that the case can be accommodated at that court site.

L. Mortgage Proceedings

  1. Pursuant to rule 13.1.01(3), Brantford, Cayuga, Hamilton, Kitchener, St. Catharines, Simcoe, and Welland are designated as places where mortgage proceedings may be commenced for property located anywhere in the Central South Region.

M. Class Actions: Proceedings under the Class Proceedings Act, 1992

  1. Counsel or parties commencing a class action to be issued in the Central South Region are urged to read Part II of the Consolidated Provincial Practice Direction, which applies to class proceedings throughout the province.
  2. In the Central South Region, two judges have been designated as Class Proceedings judges. The names of assigned Class Proceedings judges may be obtained from the office of the Regional Manager, Judicial Services for the Central South Region telephone number (905) 645-5323 or email rsjofficecentralsouth@ontario.ca. The Regional Manager shall be notified in writing when a class action has been or is about to be commenced in the Central South Region.

Part 11: Bankruptcy

A. Matters Heard by Associate Judges sitting as Registrars in Bankruptcy

  1. Associate Judges sitting as Registrars in Bankruptcy in Hamilton will now hear all bankruptcy matters virtually, in writing, by teleconference or video conference. In exceptional cases, the Registrars may use their discretion to determine whether a matter should be heard in-person, on a case-by-case basis.
  2. The Bankruptcy Court Office will only schedule in person matters when a request is made and at the direction of the Registrar in Bankruptcy.
  3. When counsel/party file their materials, the party will also attach a completed Hearing request form. The party shall advise of preferred manner, dates, and times for the hearing of the matter as well as a time estimate for hearing. If the estimated time for the hearing exceeds one hour, the party will also attach a completed Special Appointment Request Form. The Bankruptcy Court office will schedule the matter subject to the availability of the court and, if the matter is proceeding by teleconference or videoconference, the Bankruptcy Court office will provide connection details.

B. Conduct of Matters In writing, by Teleconference or by Videoconference

  1. Bankrupts’ applications for discharge following compliance with prior discharge orders and bankrupts’ applications for discharge that are on consent or unopposed, including matters where opposition is withdrawn, shall be heard in writing and shall be scheduled to be heard in writing by the Bankruptcy Court office on the next available date, excepting matters where there are alleged conduct issues or section 178 (c), (d), (e), more than two (j), (k) and (l) BIA facts, in which case such matters shall be heard virtually.
  2. Trustees’ applications for discharge shall be heard in writing.
  3. Taxations of Statements of Receipts and Disbursement (where a clear Letter of Comment has been received and is anticipated to be unopposed) and Taxation of legal bills will be heard in writing. If a party wishes a taxation to be heard in writing, the party shall advise the Registrar and request that the taxation be scheduled for the next available date. The following documents should be included in filings:
    1. Statement of Receipts and Disbursements (SRD) — each taxation submission should have (1) the record containing required documents for review including the SRD, and (2) a separate PDF copy of the SRD for signature.
    2. Comment letter.
    3. Trustee affidavit of fees, with dockets and any other relevant documentation (if there are extenuating circumstances or complexities concerning the administration of the estate, these matters should be addressed in the affidavit filed in support of the taxation).
    4. Inspector resolution approving the SRD (if not apparent from the SRD).
    5. Copies of taxed legal bills of costs.
    6. Statement of Affairs — one (1) copy only; and
    7. Estate general ledger or detailed trial balance.
  4. The following documents are not necessary to include in these filings:
    1. Duplicate copies of documents.
    2. Scans of forms that are blank or not filled in or completed or blank pages after tabs;
    3. Copies of documents, notices or reports in connection with the discharge of the bankrupt; and
    4. Affidavits of service proving service of the initiating bankruptcy documents.
  5. Attachments are limited to thirty-five (35) MB.
  6. All other motions may be heard by teleconference and videoconference at the request of the parties.
  7. All other bankrupts’ applications for discharge by bankrupts shall be heard virtually. The Registrars in Bankruptcy shall use their discretion to order bankrupts’ application for discharge to be heard in-person.

C. Materials for Hearing

  1. All materials and documents necessary for the hearing shall be filed using the Standard Document Naming Protocol. All electronic documents shall contain a hyperlinked table of contents/index and links to other electronically available documents.

D. Matters to be Heard in Writing

  1. The following motions shall be heard by the Registrars in Bankruptcy in writing:
    1. Motions to extend proposal periods where a Notice of Intention has been filed;
    2. Motions to approve Division I proposals, if unopposed;
    3. Motions for substituted service;
    4. Motions for leave to file an assignment in bankruptcy, brought by the trustee or administrator of a deceased;
    5. Motions pursuant to s. 38 of the BIA;
    6. Motions to re-appoint the trustee;
    7. Motions to amend the style of cause/name of the bankrupt/debtor;
    8. Motions to approve the sale of assets to related parties, pursuant to s. 30(4) of the BIA;
    9. Motions to revive consumer proposals;
    10. Motions seeking leave to file a completion or second consumer proposal; and
    11. Any other matter which the Registrars in their discretion determine is appropriate.
  2. If a party seeks to apply for a bankrupt’s discharge following compliance with prior court discharge orders or where the application is on consent or unopposed, excepting matters where there are alleged conduct issues or section 178 BIA facts, the party shall email the materials to the Bankruptcy Court office at Hamiltonciviloffice@ontario.ca together with a completed Hearing Request Form, and request that the application be scheduled for the next available date. If the estimated time for the hearing exceeds one hour, the party will also attach a completed Special Appointment Request Form. The system cannot accommodate large records. Accordingly, the parties shall exercise discretion in determining what materials are necessary.
  3. Motions in writing shall be heard during weeks where Associate Judges are assigned to Hamilton Bankruptcy Court.
  4. Once a date for the hearing of an in-writing motion has been assigned, the party shall serve the motion in accordance with the notice requirements in the Bankruptcy and Insolvency Act and the procedure set forth in Rule 37.12.1 of the Rules of Civil Procedure shall apply.
  5. Orders that are granted will be electronically delivered to the party upon disposition. The order is effective from its date.

Paul R. Sweeny
Regional Senior Justice
Superior Court of Justice Central South Region