Effective date: June 30, 2025

This consolidated regional practice direction replaces all previous region-specific practice directions for the Northeast region.  Except as modified below, the Consolidated Provincial Practice Directions apply to proceedings in the Northeast region.

Part 1 : Preliminary Matters

A. Presumptive Modes of Appearance

  1. The following presumptive modes of appearance apply to the following steps in a family proceeding in the Northeast region (and not as provided for in the Consolidated Provincial Practice Direction for Family Proceedings):
    1. Case conference, via Zoom;
    2. Trial management conference, via Zoom, with the exception of those specifically identified by a judge as having a settlement conference focus;
    3. In Cochrane and Timmins only: settlement conference, via Zoom; and
    4. Binding Judicial Dispute Resolution, in person.
  2. The following presumptive modes of appearance apply to the following steps in a criminal proceeding in the Northeast region (and not as provided for in the Consolidated Provincial Practice Direction for Criminal Proceedings):
    1. Bail hearings, in person;
    2. Bail review and detention reviews, in person;
    3. Pre-trial applications, in person.
  3. A party may request that the mode of appearance for that party be changed from the presumptive mode by writing to the court at the following addresses relating to each of the eight locations in the Northeast region:
SCJ Locations Trial Coordinator Generic E-mail Address
Cochrane Cochrane.SCJ.TC@ontario.ca
Gore Bay / Manitoulin GoreBay.SCJ.TC@ontario.ca
Haileybury Haileybury.scj.tc@ontario.ca
North Bay NorthBay.scj.tc@ontario.ca
Parry Sound ParrySound.scj.tc@ontario.ca
Sault Ste. Marie SaultSteMarie.scj.tc@ontario.ca
Sudbury Sudbury.SCJ.TC@ontario.ca
Timmins Cochrane.SCJ.TC@ontario.ca

B. Scheduling with Calendly

  1. Calendly will be used in Sudbury, North Bay, Cochrane/Timmins, and Sault Ste. Marie to schedule the following appearances:
    1. Family case conferences (except in Sudbury, where they will continue to be scheduled by the Registrar);
    2. Family Settlement conferences;
    3. Family Trial management conferences; and
    4. Civil judicial pre-trial conferences.
  2. Please refer to the tip sheet which is posted on the SCJ website. This tip sheet can be found here: Calendly Tip Sheet for Counsel and Self-Represented Parties.
  3. The links for each site are set out below:
SCJ Locations Calendly Link
Cochrane https://calendly.com/cochrane-scj
North Bay https://calendly.com/northbay-scj
Sault Ste. Marie https://calendly.com/saultstemarie-scj
Sudbury https://calendly.com/sudbury-scj
Timmins https://calendly.com/timmins-scj

Part 2 : Civil Proceedings

A. Motions

Short Motions

  1. Motions that are expected to take one hour or less may be scheduled on a regular motions day by serving and filing the motion materials with the court within the timelines set out in the Rules of Civil Procedure.

Long Motions

  1. Long motions and applications are matters that are scheduled for more than one hour and require a special date. The following protocol applies to the scheduling of long motions:
    1. The motion or application shall be initially made returnable on a regular motions list;
    2. The parties may attend on the first return date to set a timetable with the presiding judge, or alternatively may file a consent timetable including a return date;
    3. In the week prior to the next return date on a short motion list, provided all materials including factums have been served and filed, counsel shall contact the trial coordinator to canvass dates for the hearing. At the second return date the presiding judge shall confirm that all materials have been filed and confirm the date for the hearing of the motion.  Once again, if all the materials have been filed, counsel agree to the proposed date and file a consent to reflect their agreement, they need not attend at the second return date;
    4. When a date for the hearing of a long motion has been scheduled, that date may only be vacated or adjourned by order of a judge;
    5. The court may, in its discretion, waive compliance with this protocol in exceptional circumstances.

Factums and Books of Authority

  1. A properly drafted factum is required on long motions and are optional on short motions, subject to the direction of the court.
  2. Factums and books of authority must comply with the requirements set out in paragraphs 30-40 and 45-46 of the Consolidated Practice Direction for Civil Proceedings, found at the following link: Consolidated Civil Provincial Practice Direction, failing which the motion may not be heard.

B. Page Limits

  1. The following page limits apply with respect to the following documents:
    1. Factums, 15 pages;
    2. Judicial pre-trial conference briefs, 15 pages.

C. Mortgage Proceedings

  1. Pursuant to Rule 13.1.01(3) of the Rules of Civil Procedure, North Bay, Parry Sound, Sudbury, Haileybury, Sault St. Marie, Cochrane or Gore Bay have been designated as the place for commencement of mortgage proceedings for property located anywhere in the Northeast Region.

D. Construction Liens

First Judicial Pre-Trial Conference

  1. It is preferred that counsel who will appear at trial and their clients attend the first pre-trial conference. Every effort will be made to discuss a resolution of the proceeding at this first appearance.  If a settlement cannot be achieved at this stage, then the pre-trial judge shall order:
    1. the exchange of Affidavits of Documents together with a copy of each document referred to in Schedule A;
    2. the date for examinations, as well as the answering of undertakings;
    3. the date for a motion relating to refusals on examinations and any other contemplated motions;
    4. that a “Scott” Schedule and any responding Schedule be prepared and delivered prior to the next appearance date. The Scott schedule shall contain a list of the disputed factual issues as well as each party’s position on each of the issues;
    5. the next pre-trial date; and,
    6. that Plaintiff’s counsel take out an order incorporating the above-noted terms.

Second Judicial Pre-Trial Conference

  1. It is mandatory that all counsel who will appear at trial and their respective clients 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 the First Appearance Order.
  3. At the second pre-trial conference, the parties will be required to detail their respective positions with supporting documentation.
  4. If the proceeding is not settled at the conclusion of this second or subsequent pre-trial conference, the pre-trial conference judge shall adjourn the matter to the trial coordinator to fix a date for trial.

E. Solicitor-Client Costs Assessments

  1. A pre-assessment hearing will be scheduled for all solicitor/client costs assessments.
  2. The hearing is meant to assist the parties in the mediation of their dispute and, failing settlement, to ensure that the matter is ready for hearing.
  3. When the documents needed to obtain a Notice of Appointment for Assessment of Costs (Form 58A) are filed, the court shall:
    1. Set a date for a pre-assessment hearing, to be held by teleconference; and
    2. Issue a Notice of Assessment – Pre-Assessment Hearing Form to the filing party.
  4. The filing party shall serve the Notice and the bill of costs on every party interested in the assessment at least seven days before the date fixed for the pre-assessment hearing. The filing party shall file proof of service with the court immediately afterwards.
  5. At the pre-assessment hearing, the presiding officer will assist the parties in resolving their dispute through mediation.
  6. If the dispute is settled at the pre-assessment hearing, the presiding officer will complete a written endorsement to reflect the terms of the settlement. The court office will then prepare a certificate of assessment, attaching the written endorsement, and provide a copy to each party as soon as possible afterwards.
  7. If the dispute does not settle in the pre-assessment hearing, then the presiding officer shall:
    1. Ensure that all required filings have been made;
    2. Verify proof of service;
    3. Confirm the bill(s) of costs being assessed and the amount(s) of costs in dispute;
    4. Attempt to narrow the issues;
    5. Determine the amount of time required for the assessment hearing;
    6. Set a date for the assessment hearing; and
    7. Prepare a written endorsement dealing with subparagraphs a. through f., and file it with the court office immediately afterwards.
  8. Within seven days of receiving the endorsement, the court shall prepare a Notice of Appointment for Assessment of Costs and mail it to each party.
  9. If a party fails to attend the pre-assessment hearing, the party will not be entitled to notice of any further step in the proceeding or served with any document in respect of the matter. The presiding officer may schedule the assessment hearing without notice to the party and provide the court office with a written endorsement to that effect.

F. Administrative Dismissals

  1. Effective May 13, 2024, throughout the Northeast region, 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 Rule 37.12.1 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.
  2. Any contested motion for a status hearing will first be addressed on a short motions list. The motions judge will determine if the motion for a status hearing can be heard in writing; whether the motion can be heard as a one hour motion on a regular motions list; or whether the motion will be heard as a long motion (i.e. longer than one hour).

Part 3 : Family Proceedings

A. Motions

Short Motions

  1. Motions that are expected to take one hour or less may be scheduled on a regular motions day by serving and filing the motion materials with the court within the timelines set out in the Family Law Rules.

Long Motions

  1. Any party wishing to bring a motion that will be one hour or more shall serve the other party with the notice of motion, with the date of the motion to be determined. The parties will make their best efforts to come to an agreement on the timetable, which will set out the timing for delivery of materials for use on the motion, including factums, and any questioning, if applicable. The timetable must be ordered by a judge:
    1. At a conference;
    2. By way of a 14B motion; or
    3. On a short motions list, where the previous options are not appropriate. Short motions lists should not become overburdened with unnecessary timetable motions. If the parties agree on the timetable prior to addressing the matter on the short motions list, they may file a confirmation and an approved order ahead of time. In that case, they need not attend the short motions list.
  2. The anticipated date of the motion may be obtained from the trial coordinator during a conference, prior to submitting the 14B motion materials and prior to the first appearance on the short motions list.
  3. The timetable shall require the motion to appear on a short motions list once the timetable has been completed. It is expected that this appearance will take place at least four weeks prior to the anticipated hearing date of the motion, but it may be any other date as the court may order. The presiding judge may make such orders as are, in their discretion appropriate, including confirming the motion, if the parties have respected the timetable, or striking it from the schedule, if they have not. If a long motion is struck, the moving party will need to obtain a new order for a timetable pursuant to this protocol.

Factums and books of authority

  1. A properly drafted factum is required on long motions and is optional on short motions, subject to the direction of the court.
  2. Factums and books of authority must comply with the requirements set out in Part I, section F, subsection 2. c) of the Consolidated Practice Direction for Family Proceedings, found at the following link: Consolidated Provincial Practice Direction for Family Proceedings, failing which the motion may not be heard.

B. Page Limits

  1. The following page limits apply with respect to the following documents:
    1. Factums, 15 pages;
    2. Case conference briefs, 10 pages
    3. Settlement conference briefs, 15 pages

C. Binding Judicial Dispute Resolution

  1. Parties in a family law case may request Binding JDR to resolve certain family cases on a final basis. Please review the Provincial Consolidated Provincial Practice Direction for Family Proceedings for more information on Binding JDR and the forms that are required.

Filing forms with the court: www.one-key.gov.on.ca

Help from Legal Aid Ontario: 1-800-668-8258.

Lawyers across Ontario who provide unbundled legal services:  www.familylawlss.ca

D. Administrative Dismissals

  1. Effective May 13, 2024, throughout the Northeast Region, all consent or confirmed unopposed motions addressing the dismissal timelines under Rule 41 of the Family Law Rules shall be brought by way of a 14B motion that will be heard as a basket motion before a judge. Consent timetables filed under this Rule will also be handled as a 14B basket motion by a judge.
  2. Any contested motion to lengthen a time set out in Rule 41 will first be addressed on a short motions list. The motions judge will determine if the motion can be heard in writing; whether the motion can be heard as a one-hour motion on a regular motions list; or whether the motion will be heard as a long motion (ie. longer than one hour).

Part 4 : Criminal Proceedings

A. Proceedings Originating in Chapleau and Gogama

  1. The following Superior Court of Justice matters of a criminal nature arising in Chapleau or Gogama, in the District of Sudbury, may proceed at the Superior Court of Justice in Timmins, in the District of Cochrane:
    1. Trials emanating from committals to stand trial in the Ontario Court of Justice in Chapleau or Gogama rendered after June 30, 2010, or preferred indictments in matters arising out of Chapleau or Gogama filed after June 30, 2010;
    2. Appeals from summary conviction matters in the Ontario Court of Justice in Chapleau or Gogama rendered after June 30, 2010;
    3. Application for prerogative or extraordinary remedies relating to decisions of the Ontario Court of Justice in Chapleau or Gogama rendered after June 30, 2010;
    4. Reviews of bail decisions of the Ontario Court of Justice for Chapleau or Gogama matters rendered after June 30, 2010;
    5. Detention reviews for people accused of charges in Chapleau or Gogama;
    6. Any other matters relating to charges with an alleged offence date after June 30, 2010.

B. Page Limits

  1. The following page limits apply with respect to the following documents:
    1. Factums for pre-trial applications, 20 pages
    2. Factums for summary conviction appeals, 20 pages for the applicant; 15 pages for the respondent

Part 5 : Divisional Court Proceedings

  1. The link to the Consolidated Provincial Practice Direction concerning the Commercial List (Effective June 15, 2023) is as follows: Consolidated Practice Direction for Divisional Court Proceedings | Superior Court of Justice (ontariocourts.ca)

Patrick J. Boucher
Regional Senior Judge
Superior Court of Justice Northeast Region