Effective June 30, 2025 This Consolidated Practice Direction for the Toronto Region (“Practice Direction”) supersedes all previous Toronto notices and includes specific Toronto Region direction.  It should be read in conjunction with the Provincial Practice Directions, which can be found here: Provincial Practice Directions.

A. Criminal Matters

This section includes specific direction pertaining to Criminal matters in Toronto before the Superior Court of Justice. It should be read in conjunction with the Consolidated Provincial Practice Direction for Criminal Proceedings, which can be found here: Consolidated Provincial Practice Direction for Criminal Proceedings.

A.1 Modes of Hearing

For guidelines to determine the mode of proceeding for criminal matters, effective June 15, 2023, parties should consult “PART VIII: MODE OF PROCEEDING: Guidelines to Determine Mode of Proceeding in Criminal” in the Consolidated Provincial Practice Direction for Criminal Proceedings. (i) Presumptive Modes of Hearing The following summary lists the presumptive modes of proceedings in Toronto as provided for in the Guidelines to Determine Mode of Proceeding in Criminal:

STEP IN COURT	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/Practice Court		x
Summary Conviction Appeal		x
Judicial Pre-trials		x
Bail Hearings scheduled through the Trial Office in advance		x
Bail/Detention Reviews scheduled through the Trial office in advance		x
Bail Hearings and Bail Reviews set on 2 clear days’ notice	x

(ii) Change to Presumptive Mode of Hearing

1. All events scheduled, on or after April 19, 2022, will proceed in the presumptive mode of hearing set out above unless a judge, prior to the hearing, has directed otherwise.
2. 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.
3. The request can be raised with the presiding judge at a Pre-Trial, Trial Confirmation Appearance or Practice Court/Assignment Court.
4. Where necessary, a written request may be sent to the Trial Coordinator’s Office, who will schedule a telephone or virtual attendance before a judge.
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 unless there are exceptional circumstances.

A.2 Bail Hearings, Bail Reviews and 90 day Detention Reviews

(i) General

6. Effective April 19, 2022 bail reviews, bail hearings and 90 day detention reviews may be scheduled in person in accordance with the Criminal Proceedings Ruleson 2 clear days notice.
7. Where an applicant on a Bail hearing, bail review or 90-day detention review estimates the time for the hearing at more than 2 hours, the applicant must indicate a time estimate and schedule a judicial pre-trial prior to the hearing date. Counsel will be required to justify why more than 2 hours is required for all non-homicide bail hearings, bail reviews, and 90-day detention reviews.
8. Virtual bail hearings, bail reviews and 90-day detention reviews must continue to book a time for the hearing through the trial coordinator in accordance with (ii)(b) below.

(ii) Remote Bail Hearings (a) Consent releases

9. Counsel will fill out the conditions of release and surety declaration (if applicable). These will be forwarded to the Admin Crown who will forward it to the registrar’s office at: Toronto.SCJ.CriminalCourtSupport@ontario.ca, and to the Criminal Intake Office at Toronto.SCJ.CriminalIntake@ontario.ca.
10. The trial coordinator will assign a judge and a registrar.
11. The registrar will complete the paperwork and provide it to the parties for their signature. A written confirmation from counsel that they have witnessed the sureties’ signatures will be accepted (whether it be over the phone, via Facetime, Skype, etc.).
12. The release order will be sent to an available judge for approval and execution.
13. The signed release order will be returned to the registrar who will provide it to the relevant institution and to the parties.

(b) Contested Hearings

14. Counsel are to consult each other about the necessity of booking a time for a contested bail / 90-day review.
15. Defence counsel will email materials to the Admin Crown to effect service. Defence counsel will include their availability and the time estimate for the hearing when serving the Crown.
16. Counsel will file all application materials with the trial coordinator’s office at CriminalTrialOffice-SCJ-Toronto@ontario.ca and with the Criminal Intake Office at SCJ.CriminalIntake@ontario.ca. Once a Case Center file has been opened, counsel will receive an invitation to Case Center and shall upload all material.
17. In the case of 90-day reviews, the trial coordinator will email Ms. Maria Ranaudo (Ranaudo@Ontario.ca) to determine if a bail hearing has been conducted. If there was no bail hearing, the trial coordinator will provide a date for the review hearing. If there was a bail hearing, Ms. Ranaudo will order the transcript by email copying the trial coordinator. An available judge will authorize the transcript order.
18. The trial coordinator will provide a date and time for the hearing once defence materials have been served on the Admin Crown and filed (or fifteen (15) days after the transcript has been ordered in the case of 90-day reviews). Counsel must file all materials by 10:00 a.m. on Wednesday if they wish to conduct the bail review the following Monday. They must serve and file by 10:00 am Thursday if they wish to conduct the bail / bail review / 90-day review the following Tuesday to Friday.
19. To avoid any unnecessary adjournments of scheduled hearing dates, the applicant is not permitted to file additional materials after the 10:00 a.m. deadline on Thursday unless the responding party consents. If possible, the responding party should file their materials at least two clear days prior to the scheduled hearing.
20. The bail / bail review / 90-day reviews can be heard each day at 10:00 a.m. (four (4) possible slots) and 2:00 p.m. (four possible slots).
21. The trial coordinator will provide the interested parties with the videoconference or teleconference information.
22. Counsel should complete the “conditions of release” form and circulate it to the other parties in advance of the hearing.
23. Counsel should ensure they have a copy of the photo identification from the proposed sureties.
24. The defendant need not be present for a bail review. A defendant is likely required to be present for a 90-day detention review (by audio or video) pursuant to s. 502.1(1) of the Criminal Code.
25. If counsel wish for their client to be present, they must make arrangements with the appropriate Admin Crown who will contact the institution and make the request.
26. If released, the registrar will complete the paperwork, scan it and forward it to the parties for signature. As stated above, during this time, we are willing to accept a written confirmation from counsel that they have ‘witnessed’ the sureties’ signatures (whether it be over the phone via Facetime, Skype, etc.).
27. The release documents will then be scanned and sent to the judge for signature and returned to the registrar. The paperwork will then be forwarded to the institution.

(c) Consent Bail Variations

28. Counsel should fill out and sign the 10b Form available on the SCJ website under Forms under the Criminal Proceeding Rules and forward it to the appropriate Crown.
29. The Crown will review and sign the form.
30. Sureties sign the form either in the presence of counsel or counsel should provide written confirmation that they have ‘witnessed’ the sureties’ signatures by video.
31. The Crown will send the variation to an available judge for approval.
32. The Registrars will be copied by emailing SCJ.CriminalCourtSupport@ontario.ca, and the criminal intake office at Toronto.SCJ.Criminalintake@ontario.ca.
33. Once approved, the paperwork will be completed and provided to counsel.

A.3 Filing & Case Center:

(i) Filing:

34. All filings for Criminal matters must be emailed to the following address:

Toronto.SCJ.Criminalintake@ontario.ca.35. And must comply with the court filing requirements in R. 4.01 of the Criminal Proceedings Rules and follow the direction in Part I of the Provincial Practice Direction for Criminal Proceedings.  (ii) Case Center:

35. Detailed instructions outlining counsel’s responsibilities in uploading materials to Case Center are set out in Part I of the Consolidated Provincial Practice Directions or can be found in Case Center in the Superior Court of Justice: A Guide to Requirements.
36. The status of Case Center expansion for Criminal matters in Toronto is as follows:

Case Center is being used for summary conviction appeals, prerogative remedies/special motions, Judicial pre-trials, pre-trial motions, bail hearings, bail reviews and trials. In summary, Case Center shall be used for all criminal events except for the following events:

• Trial Readiness;
• Assignment Court;
• Bail Estreatments; and
• TBST matters.

37. Upon service and filing of documents, counsel must immediately upload the filed documents to Case Center. If necessary, counsel should contact the Criminal Intake Office to obtain a Case Center invite for the event. Uploading to Case Center the morning of or at the beginning of the hearing, must be avoided.
38. Case Center does not replace service and court filing. Crown and defence counsel must serve and file materials with the court by email in accordance with the applicable rules in the Criminal Proceedings Rulesand Criminal Code and in accordance with the notices.
39. Court Services Division must maintain the electronic file in the appropriate system that has been developed for maintaining the court record.
40. Counsel must have a current email on file with the court. Counsel must ensure that their current email address is included on all court filings.
41. Parties must make Case Center a trusted sender by saving casecenter.com in their contacts list, or regularly check their junk folder for emails from Case Center.
42. Upon receipt of an email from Case Center, which will be sent prior to the hearing, click the registration link to register. Counsel can also register in advance at https://ontariocourts.casecenter.thomsonreuters.com/. It is recommended that counsel prepare by creating an account in Case Center in advance.
43. For more information about Case Center including how to upload documents to Case Center and tips for using it, see the links set out in the Consolidated Provincial Practice Directions. 
44. If the Court provides any direction at a judicial pretrial that a matter should not use Case Center in an upcoming pretrial motion, plea or trial, or any special instructions regarding whether certain documents can/cannot be uploaded onto Case Center, counsel is responsible for placing this information on the record.
45. Use the following document naming convention when documents are submitted to the court in electronic format. Each document must indicate the following information:

1. • Document type
   • Type of party submitting the document
   • Name of the party submitting the document (including initials if the name is not unique to the case), and
   • Date on which the document was created or signed, in the format DD-MMM-YYYY (e.g. 12-JAN-2021)

46. If uploading documents that will require the in-court registrar to stamp as exhibits, please upload these documents individually as only one electronic exhibit stamp can be added per document.
47. If a document is marked as an exhibit during the hearing, Registrars will download the document and retain it in the usual manner exhibits are retained for the court file.
48. Case Center is not to be used for any matter where the accused is self-represented.
49. Items that should not be uploaded onto Case Center:

• • No materials related to child pornography;
  • No document referring to a confidential informant;
  • Unless specifically directed by the court to do otherwise, Crown and defence counsel will not upload the following documents into Case Center:

• • • a sealed document;
    • a document for which a sealing order is sought;
    • a privileged document, or a document where privilege is being asserted;
    • any other document where counsel have concerns, until judicial direction is given.

A.4 General

(i) Communication with the trial coordinators

50. Most communications to arrange dates for trials, judicial pre-trials and applications will occur by email. In e-mail communications with the trial coordinators, Counsel should put, in the subject line, the name of the accused person and the nature of the request (e.g., Trial date, JPT, application date). The email address is CriminalTrialOffice-SCJ-Toronto@ontario.ca.

(ii) Interpreters

51. If an interpreter is required for any scheduled remote appearance and an interpreter has not been requested on the record in court, the person requesting the interpreter (Crown Counsel/the Federal Crown or Counsel for the defendant) shall advise the Toronto Court Interpreter Scheduling Unit (TCIU). The email address to submit requests is TCIU@ontario.ca. The telephone number is 416-327-5666.
52. Counsel requiring the interpreter shall advise of the language, time and date of the proceeding.

(iii) Reference to ‘Admin Crown’

53. Wherever reference is made to the ‘Admin Crown’ this term is to be interpreted as the Admin Crown or their designate.

(iv) Judges Signing documents

54. Pursuant to s.3.1(2) of the Criminal Code, the clerk of the court may sign orders or other writings on behalf of the presiding judge.

(vi) Case Management and Resolution Pretrials

55. A pre-trial judge will be made available for the purposes of case management, resolution, or informal discussion of the case upon request to the trial coordinator.

A.5 Other matters that will continue to be heard remotely

(i) Judicial Pre-trials (JPTs)

56. All JPTs will continue to be heard remotely, by audioconference or videoconference.

(a) Where the accused person is represented by counsel: For Matters prosecuted by the Provincial Crown: 

57. Within 2 business days following committal, after consultation with defence, the Crown, through the administrative Crown or their designate, will book a JPT using the shared Microsoft Outlook calendar.
58. Crown counsel should prepare a Form 17(for Toronto) at least 10 days before the JPT and send it to all defence counsel in Word Format.
59. Defence counsel should complete the Form 17(for Toronto) and return it to the Crown at least 5 days before the JPT in Word and PDF format.
60. The Administrative Crown will post the synopsis and the Form 17 in Word and PDF and other relevant documents to the Shared Outlook File for the JPT.
61. The judge conducting the JPT may annotate the Form 17 or prepare a Form 18.

For matters prosecuted by PPSC: 

62. Within 2 business days following committal, the prosecutor or their designate, after consultation with the defence will book a JPT and advise the trial co-ordinators by telephone or email. Federal judicial pre-trials will be scheduled on Wednesdays.
63. Crowns shall prepare a Form 17 at least 10 days before the JPT and send it to all defence counsel in Word Format.
64. Defence counsel should complete the Form 17 and return it to the Crown at least five days before the JPT in Word and PDF format. The Crown will send the synopsis and Form 17 in Word and PDF by email to the trial coordinator.
65. The judge conducting the JPT may annotate the Form 17 or prepare a Form 18.

(b) Where the accused person is self-represented:

66. Where an accused person is self-represented, the judicial pre-trial will be scheduled at the first appearance of the accused in Superior Court. The JPT will be conducted on the record by audioconference or videoconference on the date agreed upon.

(ii)  Administrative Pre-trial Appearances in the Superior Court – Practice Court (a) First Appearances

67. The first appearance of an accused person in the Superior Court should be scheduled for the fourth week after committal.
68. If the case is prosecuted by the Downtown Crown’s office, the matter should be scheduled for a Monday at 9 am.
69. If the matter is prosecuted by the Scarborough Crown’s office or Guns and Gangs, it should be scheduled for a Tuesday at 9 am.
70. If the matter is prosecuted by the PPSC or DOJ it should be scheduled for a Wednesday at 9 am.
71. If the matter is prosecuted by North York or Etobicoke, it should be scheduled for a Friday at 9 am.
72. If there is a statutory holiday on the day when a matter would normally be scheduled for a first appearance, it may be scheduled two weeks after the JPT or it may be scheduled on the Thursday of the week after the JPT.

(b) Subsequent Administrative Appearances

73. All subsequent administrative appearances, after the first appearance will be conducted in the same way: remotely, on the day designated for the particular Crown’s office.
74. If there is a reason that the appearance must be in person, the case will be adjourned to 2 pm in a courtroom that has been opened for trial matters.

(c) Remote Attendance

75. All administrative attendances are presumptively remote.
76. Accused persons shall attend court by audioconference, videoconference or by designation of counsel.
77. Persons in custody at the Toronto South Detention Centre, who are not appearing through counsel by designation, will attend at 9 am. Persons in custody at the Toronto East Detention Center, who are not appearing through counsel by designation, will attend at 11 am.
78. The attendance of persons detained in other institutions will be arranged as needed.
79. In addition to remand dates, the endorsement on the warrant of remand will also indicate the manner in which the accused person will re-attend: “by audioconference” or “by videoconference” or “in person” (in person appearances should be used only if the accused is required to attend for an application, case management, guilty plea or trial).
80. Counsel for the Crown and counsel for the accused shall attend Practice Court by audioconference or videoconference.

(d) Designations

81. Counsel are encouraged to file designations for accused persons both in and out of custody. If, because of the COVID-19 pandemic, counsel are unable to meet in person with a client to have a designation signed, the designation can be signed by counsel on behalf of the client if the client has so directed.
82. A designation may provide for unlimited appearances by counsel or it may indicate that the lawyer is authorized to appear for limited purposes or for a limited time.
83. Designations may be filed electronically with the court.

(e) Setting Trial Dates

84. Trial dates should be arranged by all counsel with the trial co-ordinators following the JPT and before the appearance in court.
85. Where a trial date is to be set, counsel will complete a trial confirmation form that will be filed electronically with the court. The trial confirmation form will set out the first available dates for trial for the court and counsel as well as the trial date agreed upon. A trial confirmation form must be completed for all cases including long trials.
86. A trial confirmation date should also be agreed upon.
87. Counsel should continue to contact the trial co-ordinators through the generic email.

(f) Re-elections and Short Applications (For example, Remove counsel, release exhibits)

88. An accused person may re-elect their mode of trial at the Practice Court appearance.
89. Short applications or matters that are on consent can be scheduled for Practice Court. Longer applications should be scheduled through the trial co-ordinators.

(g) Case Management

90. Where a case requires case management, the matter may be held down until the end of the set dates or adjourned to another court, to a JPT, or to the afternoon session (2 pm) of Practice Court.

(iii)  Guilty Pleas

91. If an accused person who has an appearance in Practice Court to set a date wishes on that appearance to enter a guilty plea, the matter may be dealt with by the presiding judge or held down until all of the dates have been set or sent to another court or to the afternoon session (2 pm) of Practice Court.
92. Guilty pleas will continue to be scheduled in other courts on any day. For scheduled guilty pleas, the following protocol continues to apply:

1. • Counsel will contact the Admin Crown or their designate who will send an email to the Trial Coordinator’s Office using the generic email address: CriminalTrialOffice-SCJ-Toronto@ontario.ca and provide all the necessary documentation for the plea. The Admin Crown/designate will also file the documentation with the Criminal Intake Office at: TORONTO.SCJ.CRIMINALINTAKE@ontario.ca
   • The trial coordinator will schedule a date and time for the plea and advise all parties.
   • If the accused is in custody and the plea is to proceed remotely, the Admin Crown/ designate will advise the institution so that the inmate can be available to participate in the teleconference or videoconference.

93. If the plea is to proceed remotely, the trial coordinator will provide the parties with the teleconference or videoconference information for the hearing.
94. If the plea is to proceed in person, counsel will obtain a judge’s order.

A.6 Summary Conviction Appeals/Extraordinary Remedies

(i) Hearings

95. Hearings will proceed remotely by way of video hearing, unless the appellant or the respondent is self-represented, in which case the matter will proceed by way of in-person hearing.
96. Any appellant currently required, by the terms of their current bail, to surrender into custody prior to the appeal hearing is not required to do so. That condition is varied to one which only requires a surrender into custody if their appeal is dismissed and they are subject to a custodial sentence.
97. All out of custody appellants required to attend the hearings in person are no longer required to do so, unless self-represented. Hearings for self-represented appellants/applicants/respondents shall be conducted in person, unless in custody, in which case they will be conducted remotely.
98. Hearings with Counsel will be conducted by videoconference using Zoom. Counsel shall: (i) forward the Zoom link to their client; (ii) provide their client’s Zoom name (or telephone number if joining by telephone) to the Summary Conviction Appeal Trial Office no later than 3 days prior to the hearing; and (iii) inform the Court at the outset of the hearing that the client is observing the proceedings. The client shall turn off their camera and remain on mute during the hearing and shall not share the Zoom link with anyone. If the hearings are held by teleconference, arrangements will be made by the defence to permit their client to attend through a conference line, but Counsel shall not provide the secure number of the Court to their client.
99. Hearing participants and observers are reminded that, unless permission is given by the court, it is an offence under s. 136 of the Courts of Justice Act, punishable by a fine of not more than $25,000 or imprisonment of up to six months, or both, to record any part of a hearing, including by way of screenshot, as well as to publish, broadcast, reproduce or disseminate any such recording.

(ii) Service and Filing

100. Notices of appeal/application and supporting materials by a defendant that is not an inmate appeal/application shall be served on the Attorney General for Ontario electronically at: Crown.SCA.SpecialMotions@ontario.ca, or the Attorney General for Canada at OntarioFedProsecutionServices@ppsc-sppc.gc.ca, or SignifierOntarioPoursuitesFedS@ppsc-sppc.gc.ca depending on who had/has carriage of the matter giving rise to the impugned order.
101. The Crown shall provide email confirmation of acceptance of service or rejection of service as soon as practicable.
102. The Notice and a copy of the email confirmation of acceptance of service shall be filed electronically with the court through the criminal intake office at: SCJ.CriminalIntake@ontario.ca along with any documents/materials required under the Criminal Proceedings Rules for the Superior Court of Justice (Ontario).
103. Where the appellant/applicant is the Attorney General, his or her agent, or was the informant or any party other than the defendant (the accused) in proceedings before the court/preliminary inquiry court, the notice of appeal/application shall be served by mail on each person in respect of whom the appeal/application is brought against unless there is counsel of record, in which case service will be effected by sending the notice electronically to counsel. The appellant/applicant shall send a courtesy copy of the notice mailed to the respondent electronically to counsel of record in the proceedings the appeal/application relates to, if there was counsel of record. Filing the notice with the court shall be done electronically by sending it to the criminal intake office.
104. The parties shall electronically serve the opposing party and shall electronically file with the criminal intake office copies of all factums, appeal books/application records and any other material being relied upon. These materials shall be sent to the opposing party and to the court in the same email. This does not preclude a party or the court from rejecting the documents for non compliance with the rules.
105. The appellant/applicant shall serve transcripts electronically by email to the opposing party and file transcripts electronically by email to the criminal intake office.
106. The subject line of all emails should clearly identify the name of the case, court file number (if known), date of hearing (if known), nature of the proceedings (e.g. conviction appeal) and for PPSC matters the court location, and be prefaced by “SCA” if an appeal or “Special Motion” if an extraordinary remedy application.
107. Cases and other source materials referenced in factums shall be hyperlinked and it will not be necessary to file a Book of Authorities unless requested by the judge.
108. E-service and e-filing documents and materials replaces the requirement to serve and file a paper/hard copy.
109. Where the appellant/applicant is self-represented and does not have access to electronic means for e-service and e-filing, documents and materials may be served and filed in paper/hard copy.

(iii) Facta Filing Timelines

110. For summary conviction appeals, the Appellant shall serve and file their factum not later than sixty (60) days before the day first scheduled for the hearing and the Respondent shall serve and file their factum not later than twenty (20) days before the day first scheduled for the hearing.
111. For extraordinary remedy applications, the Applicant shall serve and file their factum not later than thirty (30) days before the day first scheduled for the hearing and the Respondent shall serve and file their factum not later than ten (10) days before the day first scheduled for the hearing.

(iv) Bail Pending Appeal/Stays

112. Applications for bail pending appeal and stays of driving prohibition, fine, forfeiture, restitution, victim fine surcharge, probation or conditional sentence orders are subject to the same procedure outlined in this protocol for bail reviews, with modifications as follows:
113. Applications shall be served electronically on the Crown at:

Toronto.Crown.SCA.SpecialMotions@ontario.ca, or OntarioFedProsecutionServices@ppsc-sppc.gc.ca, or SignifierOntarioPoursuitesFedS@ppsc-sppc.gc.ca depending on who had carriage of the trial. The subject line of the email should clearly identify the name of the case, nature of the proceedings (e.g. bail pending appeal) and for PPSC matters the court location, and be prefaced by “SCA”.

114. The Crown shall provide email confirmation of acceptance of service or rejection of service as soon as practicable.
115. The applicant shall contact the Crown to ascertain the Crown’s position, and canvass the Crown’s available dates if the application is being contested, prior to electronically filing their application with the Court through the criminal intake office at SCJ.CriminalIntake@ontario.ca. Mutually agreeable dates between the parties for a contested hearing shall be set out in the email at the time of e-filing contested applications.
116. The Criminal Intake Office will arrange for a contested hearing to be held remotely and notify the parties.
117. A draft order shall accompany applications on consent, including a Form 10A (if applicable) signed by all parties, and e-filed with the criminal intake office by the applicant, unless self represented, in which case the crown shall electronically file the application and materials with the court.
118. Draft orders should be e-filed in the Microsoft Word format (.docx) rather than a PDF version.
119. The paperwork will be completed by the Criminal Intake Office and provided to the parties for their signature. The applicant shall return the signed paperwork to the criminal intake office by email, and the criminal intake office will distribute the court order(s) to all interested parties and to the institution, if applicable.
120. If the Applicant indicates that they wish to be present, arrangements will be made for them to have access to the teleconference call. If in custody, the Crown will contact the institution to provide the applicant with telephone access. If out of custody, Defence Counsel will make the necessary arrangements but shall not provide the secure number of the Court to their client.

B. Family Matters

This section includes specific direction pertaining to Family matters in Toronto. It should be read in conjunction with the Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice, which can be found here: Consolidated Provincial Practice Direction for Family Proceedings.

B.1 Presumptive Mode of Proceeding

For guidelines to determine the mode of proceeding for family matters, effective June 15, 2023, parties should consult “Part III. Guidelines to Determine Mode of Proceeding : Family” in the Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice. The following summary lists the presumptive modes of proceedings before a judge for family matters in Toronto as provided for in the Guidelines to Determine Mode of Proceeding in Family:

STEP IN COURT	IN-PERSON	VIRTUAL	IN-WRITING
TBST Court		X
Urgent Case Conference		X
Case Conference before a judge	X
Case Conference before a DRO		X
Settlement Conference	X
Trial Management Conference	X
Trial Scheduling Conference (for the sole purpose of completing TSEF)		X
Urgent Motion		X
Short Motion		X
Long Motion	X
Motion for contempt	X
Motion for Refraining Order (FRO)		X
Trial	X
Appeal	X
Hague Applications	X
Status Hearings		X
14B Motions (on consent, unopposed and simple procedural motions)			X

While the Presumptive Modes Guideline will be followed, whether to change the presumptive mode of a proceeding is ultimately at the discretion of the judiciary. The following is the process to request a change to the presumptive mode:

1. Requests shall be made during conferences to the conference judge or in court to the judge scheduling the next attendance.
2. For matters that are already scheduled, parties may file a request for a virtual hearing form, which can be found here. The request must be made at least 14 days before the event.

B.2 Electronic Filing and Issuance

1. All materials that are filed with the court must comply with requirements set out in the Consolidated Provincial Practice Directions including restrictions on material that can be filed for certain events. Anything outside these restrictions will not be reviewed by the presiding judge.
2. All documents that may be served by regular service may be served by email.
3. All documents filed electronically shall be filed using the Justice Services Online Portal (i.e., the Family Case Documents Online portal) unless:

1. • Your matter is urgent;
   • You are filing for a court event that is less than five business days away; or
   • You are filing a confirmation form.

4. If you are electronically filing a document for a court event that is less than five business days away or is urgent, you must file by email to Toronto.SCJ.FAMILYINTAKE@ontario.ca. Confirmations forms must be emailed to the FamilyTrialOffice-SCJ-Toronto@ontario.ca.
5. Unless urgent, all Applications and Motions to Change filed electronically for issuance shall be filed using Justice Services Online, along with other necessary documents as required under the Family Law Rules. You will receive an electronic copy of your court-issued Application or Motion to change by email, including a court file number and date of issuance.
6. All documents served or filed electronically shall be named in a manner that identifies it clearly so that it is not necessary to open the document to understand what it is. Specifically, parties shall use the file naming instructions set out in section B.11 (para. 43) below.
7. Parties will receive an invitation to Case Center approximately two weeks in advance of any scheduled court event to upload the documents that have been properly filed with the court. These documents must be uploaded to Case Center at least 2 days before the event date. This shall include previous endorsements or orders. Documents uploaded less than 2 days in advance of the court hearing may not be read by the judge hearing the matter.
8. All exhibits in affidavits and cases in facta shall be hyperlinked or bookmarked for ease of reference. In the alternative, parties may file/upload an index of exhibits or cases, hyperlinked to the exhibits and/or cases.
9. If a lawyer or a self-represented litigant is not able to use Case Center because of lack of access to technology, they can obtain help at the filing office. Assistance with Case Center is available through Justice Services Online (JSO) by contacting 1-800-980-4962 or by email at info.CaseCenter@ontario.ca.
10. Additional information and direction regarding the use of Case Center, including training and other resources, is set out in the Consolidated Provincial Practice Directions. 
11. Unless specifically set out below, confirmation forms must be filed in advance of all scheduled matters, as set out in the Family Law Rulesand Practice Directions, or the matter will not proceed as scheduled.
12. Prior to the next step in any proceeding, the parties must ensure that an Endorsement Brief has been uploaded into the appropriate Case Center bundle, including any endorsements or orders made prior to April 1, 2020. Any requests to court staff for copies of prior endorsements should be done by email so as to limit in-person attendances at courthouses.

B.3 Obtaining DRO Conference, Case Conference, Settlement Conference and Trial Management Conference Dates

13. DRO Conference:
    1. Commencing March 8, 2021, when a motion to change is filed with the Court, a DRO conference will automatically be scheduled by court staff.
    2. DRO conferences will take place on Tuesdays or Thursdays for one-hour time slots at 9:30 am, 10:45 am or 12:00 pm.
    3. Two weeks prior to the DRO conference, parties will receive an email with the link to CaseLines. In addition to serving and filing the materials, all material for the event shall be uploaded by the parties to CaseLines.
    4. Parties shall file a confirmation form 17F three days prior to the event by 2:00 pm, by emailing SCJ.FAMILYINTAKE@ontario.ca.
    5. Case conference briefs for DRO attendances are limited to six (6) pages in length, double spaced and at least 12-point font size. Anything greater than six (6) pages will not be read by the designated DRO. Schedules or tabs attached are not included in the six-page limit
14. Conferences can be booked in three ways:
    1. If there are no dates available through Calendly, the Conference Coordinator may be able to provide additional dates. See (b) below.
    2. The Conference Coordinator will provide three dates. The date will only be booked upon the party confirming, by email, the chosen date. A Conference Notice will then have to be served on the other side and filed, along with an affidavit of service.
    3. On consent of all parties, finding a date using https://calendly.com/conference-bookingEmailing the Conference Coordinator at: family.caseconferences@ontario.ca
    4. On consent of all parties, parties may schedule a case conference before a DRO by emailing SCJ.FAMILYINTAKE@ontario.caand asking for a date. See paragraph 11 above for further information.
15. A party booking a conference on the Calendly link above shall add the opposing party (or their lawyer if represented) as a “guest” (option available on form) by including the email address of the opposing party or of the opposing party’s lawyer.
16. Parties must follow the page limits set out in the Consolidated Provincial Practice Directions as it applies to conferences briefs.

B.4 Early Judicial Intervention and Procedural Direction

Commencing January 3, 2022, in accordance with the Province-Wide Notice to Profession regarding Family Law Cases (see the Consolidated Provincial Practice Direction)Toronto will have a judge available on Monday mornings from 9 am – 11 am to address limited urgent or procedural matters, which appointments can be booked in accordance with the guidelines below.  If the Courts are closed on a Monday, the appointments will be scheduled for Tuesday. These attendances will be virtual attendances using Zoom.

17. The appointments for To Be Spoken to Court (TBST) attendances should be booked:

1. 1. If an early attendance before a judge can help the litigants attempt to put temporary arrangements in place to avoid the need for an urgent motion or other urgent attendance (this is limited to files where no case conference has been held);
   2. To obtain procedural directions including determining what the next step should be, consistent with subrules 2(2) and 2(3) of the Family Law Rules, and whether any part of the case needs to be expedited;
   3. Where one or both litigants plan to bring an urgent motion or seek an urgent case conference date. This does not apply where an urgent motion cannot wait to be addressed at TBST Court; or
   4. In lieu of a 14B motion, parties may also attend TBST Court to request that their matter proceed to a combined case/settlement conference under r.17(7.1) or section 9 of the Consolidated Provincial Practice Direction. 

18. Parties may schedule a 20-minute appointment for these attendances on any Monday morning when the Court is open between 9 am – 11 am (or Tuesday if the Court is closed on Monday).
19. For TBST Court, parties shall only file a TBST Court Brief, which can be found here or the documents required under r.17(7.1) including Form 17G where applicable. Anything longer than three (3) pages will not be read by the judge. All facts that will be relied upon must be included in the TBST Court Brief and no additional facts can be added during submissions.
20. TBST attendances will be focused. Unless a party is moving without notice both parties must certify that they have fully discussed the issues with the other side in advance. If the issues have not been discussed in advance with the other side, the matter will be rescheduled.
21. Parties can schedule appointments at TBST Court through Calendly, at this link: https://calendly.com/tbstcourt
22. No confirmation form will be required for these appointments.
23. The Judge presiding over the TBST attendance will be able to make any orders that can be made at a case/settlement conference.

B.5. Scheduling Short Motion Dates

To assist in shortening the current time outs, effective January 4, 2022, the Court will resume having open motion lists for regular motions (being less than one hour) on Tuesdays and Thursdays, meaning that these motions can be brought on any Tuesday or Thursday that the court is open without having to obtain a motion date from the Court.

24. All motions will be scheduled for a 10 a.m. start on Zoom. The judge will vet the list at the opening of court to determine the order in which the motions will be heard. Participants will be kept in the waiting room while the judge vets the list by calling one matter at a time. All participants will then be brought into the virtual court when their matter will be heard. Where appropriate, parties are expected to continue settlement discussions until their motion is heard.  Mediation services through 361Mediate will remain available throughout the day.
25. All motions require factums, served and filed at least two days before the motion.
26. The court welcomes counsel and parties to provide draft orders with their motion materials in Word. Draft orders should include the legislative authority for the requested provisions in accordance with the new requirements under the Family Law Rules.
27. A bill of costs shall be filed along with motion material, if costs are requested by a party on the motion.
28. No Books of Authority containing the full text of authorities may be emailed or filed. Each party’s factum shall instead hyperlink authorities to a publicly available, free website such as CanLII. The factum must include paragraph references each time a case is cited in the factum.
29. Excerpts of authorities that are not available on a free public website, such as excerpts from textbooks or unreported decisions, should be collected in a small brief of excerpts of unreported authorities and filed electronically in PDF format.

B.6 Scheduling Urgent Matters

30. Urgent matters are no longer being submitted for triaging and the (pre-COVID) rules and tests for urgent matters will apply. Urgent matters (whether conferences or motions) should be scheduled for the TBST Court on Monday mornings. If the matter is of such an urgent nature that it must be heard prior to the next TBST Court, urgent dates can be obtained as follows:
    1. If an urgent conference is sought:
       1. A party must serve the material on the opposing party or parties, by email and email the conference material to: family.caseconferences@ontario.ca
       2. The trial coordinator will seek direction from a presiding judge as to whether the conference is urgent, and whether it will be heard or set down for the TBST court.
       3. If the matter is deemed to be of sufficient urgency, the conference coordinator will provide the parties with the date, time and the contact information for the conference call or videoconference for the case conference.
       4. For urgent conferences only, the other party’s case conference brief shall be filed by emailing the brief and affidavit of service to family.caseconferences@ontario.ca
       5. No confirmation form is required prior to an urgent conference once the parties have confirmed the date and time with the conference coordinator’s office.
    2. If an urgent motion is sought:
       1. A party must serve the motion material on the opposing party or parties by email (if not an without notice motion) and file the motion material, a draft order and a populated restraining order if appropriate (and affidavit of service if not a without notice motion) by emailing the motion material to FamilyTrialOffice-SCJ-Toronto@ontario.ca. The subject heading on the email shall read “Urgent Motion”.
       2. The trial coordinator shall seek direction from a presiding judge as to whether the motion is urgent, and whether it will be heard or set down for the TBST court. There is no change to the threshold for urgent motions that existed pre-COVID.
       3. If the matter is deemed to be of sufficient urgency, the trial coordinator will provide the parties with the date, time and the contact information for the conference call or videoconference for the motion.

B.7 Confirmations

31. Each party to a motion or conference must file either a Form 14C Confirmation of Motion or Form 17F Confirmation of Conference, or the parties may file one jointly, no later than 2 p.m. three business days before the date of the motion or conference.
32. The parties or their counsel shall consult with each other prior to filing their Form 14C Confirmation of Motion or Form 17F Confirmation of Conference, unless the parties are self-represented and prohibited from communicating by court order.
33. Where Form 14C Confirmation of Motion or Form 17F Confirmation of Conference forms have not been filed by at least one party, the conference or motion will not be scheduled on the event list and, as a result, will not be heard by the court. Costs may also be ordered against a party who has not filed the confirmation.
34. Form 14C Confirmations of Motion or Form 17F Confirmation of Conference forms must only list the specific issues that are to be addressed at the event.  They should also indicate which materials the judge should review with clear reference to the specific volume, tab and page numbers of the Continuing Record.  Failure to provide this information may result in the materials not being reviewed by the judge or the motion not being heard on that day.
35. Form 14C Confirmation of Motion or Form 17F Conformation of Conference forms must also include an appropriate time estimate for the entire motion or conference, including time required by the other party.  Parties will be held to the time stated on their confirmations.

B.8 Motions

Short Motions

36. Motions that are expected to take one hour or less may be scheduled on a Tuesday or Thursday by serving and filing the motion material (including a factum or Summary of Argument) at the family court office within the timelines set out in the Family Law Rules.

Long Motions

37. Motions that are expected to take more than 1 hour (including the other party’s reply and cross motion, if any) must be scheduled as long motions and scheduled through the Trial Coordinator in the family court office.  Long motions can be scheduled either (a) with the other party’s written consent or (b) with the court’s permission, by filing a Form 14B Motion Form under section 14(10) of the Family Law Rules.
38. The Trial Coordinator will continue to schedule dates for long motions when requested by the parties.  The Trial Coordinator will vacate any long motion date unless the Notice of Motion along with supporting materials and affidavits are served and filed within 10 days after the motion has been scheduled.

Factums, Summaries of Arguments and Briefs of Authorities

39. A properly drafted factum or Summary of Argument is required on all motions except as noted below.  If the moving party does not file a factum or Summary of Argument where required, the motion will not be scheduled.
40. For short motions, the times for service and filing of moving party’s factum or Summary of Argument should be filed in accordance with the requirements relating to other motion materials in section 14(11) and 14(11.1) of the Family Law Rules.
41. For long motions, each party’s factum or Summary of Argument must be filed at least seven days before the hearing of the motion.
42. No factum or Summary of Argument may exceed 20 pages without leave of the court.
43. The authorities that are included on the court’s list of Often Cited Family Cases do not need to be provided to the court with a party’s factum or Summary of Argument.  Counsel and parties are advised to refer to Part I-B of the Consolidated Provincial Practice Direction. An updated list of family cases is available on the Superior Court’s website at: www.ontariocourts.ca/scj.

14 B Motions

44. A Form 14B Motion must be filed at the family court office and cannot be filed by fax.  A Form 14B Motion Form should be accompanied by four copies of a proposed Order (Form 25), a completed endorsement sheet and a self-addressed and stamped envelope for each party.
45. The 14B Motion Form shall be filed in the Continuing Record and a copy of the proposed Order shall be attached to the appropriate place in the Endorsement Volume.

Compendiums

46. A Compendium* containing the documents and evidence that are essential to the hearing of the motion may 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.

*A compendium would normally include the Notice of Motion, Affidavits and Financial Statements, as well as excerpts from the evidence and exhibits that will be referred to in the argument of the motion. Electronic Copies of Materials

47. Whenever the volume of materials is large or the motion is complex, the parties should file an electronic copy of their motion materials as well as paper copies. Counsel and parties should refer to the Guide Concerning e-Delivery of Documents available on the Superior Court’s website.

Urgent Motions on Notice

48. A party may seek an urgent motion on noticewithout a case conference in situations of urgency or hardship including issues such as abduction, threats of harm or dire financial harm. A party seeking such a motion must file all of the required materials except for a Form 14C Confirmation.

Urgent Motions without Notice

49. A party that is seeking a motion without noticeto the other party must also set out why notice is unnecessary or not reasonably possible.  A factum or Summary of Argument is not required for an urgent motion that has been brought without notice.

B.9 Case Conferences and Settlement Conferences

50. Parties may request that a conference occur by teleconference with or without the consent of both parties or their counsel by filing a Form 14B Motion
51. Counsel or the parties should communicate before any conference in order to attempt to resolve the issues that are in dispute, unless the parties are self-represented and prohibited from communicating by court order.
52. The first case conference on a motion to change a final order or agreement shall be scheduled before a Dispute Resolution Officer (DRO) in accordance with Part I of the Consolidated Provincial Practice Direction.
53. A DRO conference can be held on matters other than motions to change only as directed by the court upon request by a 14B Motion or at another court event.
54. If the matter is not resolved at a settlement conference, a Trial Scheduling Endorsement Form, endorsed by the Court) must be completed prior to the matter being scheduled for trial.

B.10 Trial Management Conferences

55. A trial management conference will normally be scheduled by the family court office for the week before the assigned trial date.
56. The completed Trial Scheduling Endorsement Form must be filed by one of the parties in advance of the Trial Management Conference and each party must file an Offer to Settle and Outline of Opening Statement, in lieu of the Trial Management Conference Brief.

B.11 Trial Records

57. The Applicant must file a Trial Record at least 30 days prior to the scheduled trial date.  Failure to do so will result in the matter being removed from the trial list, unless the court orders otherwise.

B.12 Motions to Change

58. Commencing March 8, 2021, Motions to Change, not on consent, shall proceed to a DRO conference. See paragraph B.3 above.

B.13 Self-Represented Litigants in Family Matters

59. Self-represented litigants are expected to comply with the process set out in this Notice.
60. Members of the public can call or email the Justice Services Online (JSO) Contact Centre for assistance if they have technical issues with e-filing through Justice Services Online or with CaseLines. JSO Contact Centre information:

1. 1. 1. Telephone: 1-800-980-4962
      2.  Email:
         1. FamilyClaimsOnline@ontario.ca  (family)
         2. info.CaseCenter@ontario.ca.  (Case Center)

61. Litigants may wish to contact

1. 1. The Law Society of Ontario’s referral program at:  416-947-3310 This service will provide ½ hour of free legal advice, including referrals to other services.
   2. The Family Justice Centre (run with support from Pro Bono Students Canada).These services are financial eligibility tested but with higher income level cut offs than Legal Aid Ontario. Information about this service is available at:  https://www.probonostudents.ca/family-justice-centre.
   3. Reduced fee services may be available through JusticeNet for litigants with modest incomes. Information about their services and requirements are available at justicenet.ca.
   4. Summary legal assistance is available through Legal Aid Ontario for family law and Children’s Aid Society matters. As of March 27, 2020, they are waiving the financial eligibility requirements. LAO can be reached at:Toll-free: 1-800-668-8258 General: 416-979-1446

62. There are private limited scope and more affordable legal services that are available to litigants regarding their family law services which are available in relation to specific court attendances at reduced rates (https://ascfamily.com/) and more generally through Ontario’s Family Law Limited Scope Services Project (familylawlss.ca).

B. 14 Dedicated Family Conferencing Weeks

To address concerns regarding the dates available for conferences, the Toronto Region of the Superior Court of Justice (SCJ) introduced a pilot project in June 2023. The pilot project made earlier conference dates available to litigants by using the last full week of every month for conferences only. No regular motions were heard on Tuesday or Thursday of that week, unless they were deemed urgent. The pilot project was successful in shortening the wait times for conferences and the Court was able to reach all of the motions scheduled in other weeks. We will therefore be changing the practice in Toronto, in that motions can be brought on any Tuesday or Thursday, except for the last full week of each month. Commencing September 1, 2023, no regular motions will be heard during the last full week of every month.  That week will be dedicated to family conferences, which will be scheduled on Monday through Friday. Trials and long motions will continue to be scheduled during that week. Any motion deemed urgent by a judge or at TBST Court will still be heard during the dedicated family conferencing week.

B.15 Binding Judicial Dispute Resolution

The Binding Judicial Dispute Resolution (Binding JDR) pilot project will come into effect in Toronto on September 1, 2023. This pilot allows parties in a family law case, on consent, to choose to participate in Binding JDR to arrive at a final resolution of their case without the need for a trial. For information about the Binding JDR Pilot, how to request and schedule a hearing, how to file evidence for the hearing, what to expect at a Binding JDR hearing, and for links to all the Binding JDR forms, please refer to the Practice Advisory Concerning the Superior Court of Justice’s Binding Judicial Dispute Resolution (JDR) Pilot Project. Contact Information and addresses to file forms: Toronto Trial Coordinator: familytrialoffice-scj-toronto@ontario.ca Available Forms: Filing forms with the court: www.one-key.gov.on.ca Additional Assistance: Family Law Information Centre (FLIC): https://www.mediate393.ca/free-family-law-information Tel: (416) 977 0718 Legal Aid Ontario Legal Aid Ontario http://www.legalaid.on.ca/en/getting/flip.asp 1-800-668-8258 Family Law Limited Scope Services Program https://familylawlss.ca info@FamilyLawLSS.ca Ontario Legal Information Centre https://legalinfocentre.ca/en 1-844-343-7462 Advice and Settlement Counsel Project– first hour of services is $200 plus HST https://ascfamily.com Tel. (416) 968 9200 ext. 222 Family Law Justice Centre – virtual clinics to deliver services to self-represented persons www.probonostudents.ca Tel. (647) 952 3354

B.16 Miscellaneous (interpreters, entering orders, etc.)

63. The court is only responsible for providing interpreters in specific circumstances, otherwise parties are responsible for ensuring they have made their own arrangements for an interpreter to attend. If an interpreter is required for any matter, the trial coordinator must be notified when the matter is scheduled.
64. If, due to the nature of an order, the order needs to be entered on an expedited basis, arrangements should be made with court staff by emailing: SCJ.FAMILYINTAKE@ontario.ca
65. For all general inquiries, please call the court office. Court staff cannot provide legal advice. All inquiries with respect to procedure will be referred to the court website.

B.17 Summary of Email Addresses

66. SCJ.FAMILYINTAKE@ontario.cato be used for:

1. 1. Arranging expedited entry of an order
   2. Confirmation forms
   3. Scheduling a DRO conference, on consent, a first case conference
   4. electronically filing a document for a court event that is less than five business days away

67. FamilyTrialOffice-SCJ-Toronto@ontario.cato be used for:

1. 1. 1. Filing urgent motion material
      2. to book a regular motion date

68. family.caseconferences@ontario.cato be used for:

1. 1. Scheduling an urgent case conference date and filing urgent case conference briefs
   2. Obtaining a case conference date if a party will not provide consent for available dates or if no dates are available through Calendly

69. Justice Services Online (the Family Case Documents Online portal) to be used for:

1. 1. All other filings in family cases

B.18 File Naming Instructions for Electronic Documents

70. Parties are directed to follow the standard document naming protocol set out in the Consolidated Provincial Practice Directions. 

B.19 Physical Courts

71. As previously planned, the Toronto SCJ Family Courts has moved from 393 University Avenue to its new permanent home in 361 University Avenue.

C. Civil Matters

This section includes specific direction pertaining to Civil matters in Toronto. It should be read in conjunction with the Consolidated Civil Provincial Practice Direction, which can be found here: Consolidated Civil Provincial Practice Direction.

Notice of Amendments

The Toronto region is piloting Calendly to facilitate the scheduling of select Civil appearances. This implementation is a pilot to assist with streamlining scheduling in Toronto for Civil matters. As a result, the processes to schedule select Civil appearances in Toronto have been updated. Parties should use https://calendly.com/toronto-region to request an appearance before the court for the following matters:

• Civil Practice Court;
• To Be Spoken To Court;
• Long Trial Scheduling Court;
• Case conference before a Judge;
• Short Motions before an Associate Judge;
• Construction Lien First Trial Management Conferences (see section H); and,
• Construction Lien Short Motions before an Associate Judge (see section H).

Parties will canvas their availability and make best efforts to consent to a date and time. Once a date and time has been selected, ONE party in the action will follow the prompts and complete the Calendly process. Upon completing the Calendly process, the requestor will receive an automated email confirming their request and outlining next steps to secure their date. It is the responsibility of the requestor to forward all emails related to the Calendly event to other parties in the action.

C.1 Civil Matters before a Judge

The following civil matters are being heard before judges in Toronto:

1. Trials: To set a date for trial, parties must appear before “To Be Spoken To Court” (if the trial is anticipated to require 10 or fewer days), or Long Trial Scheduling Court (if the trial is anticipated to be over 10 days) (collectively referred to as Trial Scheduling Court). To Be Spoken To Court sits every Monday at 9:00 a.m. by Zoom and Long Trial Scheduling Court sits every Wednesday at 9:00 a.m. by Zoom. An appearance for either Trial Scheduling court should be requested through https://calendly.com/toronto-region. Parties are expected to make every effort to consent to a date for their appearance with the court. Only one party is required to complete the Calendly scheduling process. It is the responsibility of the requestor to forward all confirmation and scheduling emails to other parties in the action so that all parties are aware of the date of their appearance. Parties may only request an appearance at either scheduling court provided a trial record has been filed for their action. If parties are unable to consent to a date for their appearance at scheduling court despite best efforts, the requesting party must indicate that the date is not on consent when completing the Calendly questions and advise all other parties that they have selected a date through Calendly.

The parties shall confer and provide a proposed timetable for the exchange of experts reports before Trial Scheduling Court which timetable is to be finalized and approved at Trial Scheduling Court.  The approved timetable shall not be varied without court order. Timetable for Service of Expert Reports (Please link this form attached below to the highlighted text)

2. Pre-Trial Conferences as discussed in C.3 below.
3. All motions and applications to a judge made without notice, on consent of all parties, and that are confirmed as unopposed, will be heard in writing. See paragraph C.1.9 below for motions and applications for approval of settlements for parties under disability under Rule 7. Motions and applications made without notice, on consent, or on a confirmed unopposed basis may be filed in searchable PDF format through the Civil Submissions Online portal.
4. Case Conferences: To schedule a case conference, parties are expected to make every effort to consent to a date for their appearance before the court. All case conferences must be scheduled through Calendly at: https://calendly.com/toronto-region. Only one party is required to complete the Calendly process. Upon selecting the preferred date and following Calendly’s prompts, the requestor will receive an email confirming the date of the case conference and outlining next steps to secure their date. It is the responsibility of the requestor to forward all emails related to the case conference to other parties in the action so that all parties are aware of the date of their case conference. If parties are unable to consent to a date for their case conference despite best efforts, the requesting party must indicate that the date is not on consent when completing the Calendly questions and advise all other parties that they have selected a date through Calendly. To obtain a date a completed Case Conference Request formis required for the scheduling of all case conferences. The completed Case Conference Request form under Rule 50.13(1) may be sent to TorontoCaseConferenceAppointments@Ontario.ca. Note that Rule 50 (including Rule 50.13) does not apply to actions governed by the Construction Act: O. Reg. 302/18, s. 10(9).
5. All opposed short motions and short applications (requires two hours or less for all parties to argue) to a judge may be subject to review in writing before being scheduled. Parties wishing to bring a short motion or a short application to a judge may submit a Short Motion or Application Request Formas an attachment to an email to civiljudgesmotions@ontario.ca. The moving party must consult or attempt to consult with all affected responding parties before submitting the request form. The judge reviewing the Short Motion or Application Request Form may determine the method of hearing, issue directions for the disposition of the motion or convene a case conference for that purpose. The Civil Motion Confirmation Form is to be emailed to JUS.G.MAG.CSD.CivilMotionsConfirmation@ontario.ca by 2:00 p.m. ten (10) days prior to the hearing, excluding weekends and holidays. In the case of an abandoned motion where the responding party is seeking costs, the confirmation form must be sent by 10:00 a.m. four (4) days prior to the hearing. Motion materials must be uploaded into Case Center by 2 P.M. three (3) days in advance of the hearing.
6. All opposed short motions and short applications, with the exception of summary judgment motions, appeals from Associate Judges and appeals from the Consent and Capacity Board, must proceed to a case conference before the motion or application is scheduled for an oral hearing. At the case conference, the judge may identify the issues that are contested and explore methods to resolve the contested issues. If the contested issues cannot be resolved and if the case conference judge is satisfied that an oral hearing is required, the judge may schedule a hearing date for the motion or application, and establish a timetable. The case conference, the judge or associate judge may, if notice has been given and it is appropriate to do so, make a procedural order, convene a pretrial conference, give directions; and in the case of a judge, make an order for interlocutory relief or convene a hearing.
7. All summary judgment motions, appeals from the Consent and Capacity Board, long motions, long applications, and urgent matters must be scheduled through Civil Practice Court. Civil Practice Court serves the following purposes:
   1. To curtail the motions culture in Toronto and to ensure that motions and applications that are ready to proceed can be heard on a timely basis.
   2. To permit the CPC judge to identify cases, at any stage, which require a degree of case management.
   3. To assist in the orderly hearing of long motions, long applications, and any summary judgment motion. Parties will be encouraged to submit agreed upon timetables, and where necessary, case conferences will be scheduled in advance. The CPC judge will consider the option of directing long motions to the trial list.
   4. To create a judicial mechanism whereby the CPC judge can assign those cases in need of the court’s intervention before other available judges.

Civil Practice Court sits every Tuesday and Wednesday at 9:30 a.m. by Zoom. Sitting days may be increased as volume requires. Gowns are not required. To schedule an appearance at Civil Practice Court, parties are expected to make every effort to consent to a date for their appearance with the court. Before appearing in CPC, parties must seek to establish an agreed timetable for the completion of all steps required prior to the hearing of the application or motion and to bring a copy of the timetable to Civil Practice Court for approval by the judge. All Civil Practice Court appearances must be scheduled through Calendly at: https://calendly.com/toronto-region. Only one party is required to complete the Calendly scheduling process. Upon selecting the preferred date and following Calendly’s prompts, the requestor will receive an email confirming the date and outlining next steps to secure their appearance at Civil Practice Court. It is the responsibility of the requestor to forward all emails related to the appearance to other parties in the action so that all parties are aware of the date of their appearance at Civil Practice Court. If parties are unable to consent to a date for their appearance at Civil Practice Court despite best efforts, the requesting party must indicate that the date is not on consent when completing the Calendly questions and advise all other parties that they have selected a date through Calendly. To obtain a date a completed Requisition to Attend Civil Practice Court form is required for the scheduling of all Civil Practice Court appearances. The completed requestion may be emailed to Civilpracticecourt@ontario.ca. The judge presiding over Civil Practice Court will incorporate the timetable into an endorsement.  A hearing date will be provided at a second attendance at Civil Practice Court only once all other steps preceding the hearing, including exchange of factums, have been completed.

8. Long motions and long applications (requires more than two hours for all parties to argue) must be confirmed 30 days before the hearing date. Parties are to advise the Civil Motions Coordinator about the status of the motion, including the names, telephone numbers, and email addresses of counsel for all parties and non-parties participating in the motion and for all for all others who are representing themselves on the motion. This is required to allow for efficient assignment of a judge and for creating a folder in the Case Center document sharing platform where parties will upload their documents in advance of the hearing. In addition, in the normal course, the court will contact the parties one week before the hearing of the long motion, long application or summary judgment motion before a judge to inquire into its status, its readiness for hearing, and whether oral evidence may be required at the hearing of the motion. If the parties advise or the court determines that the motion is not ready for hearing, the parties may receive further directions from the court regarding the scheduling of the hearing of the motion. In addition, any hearing, oral or in writing, other than a case conference or a pretrial conference is to be confirmed before the hearing date in the manner provided by the Rules. Note that, although Rules 37.10.1 (1) and 38.09.1 (1) contemplate motion confirmation as late as five days before the hearing, in Toronto, 10 days is required to be sure the matter can be assigned and ready for hearing.
9. Urgent Hearing Requests: If an urgent request to schedule a matter cannot wait until the next Civil Practice Court, requests for an attendance before a judge may continue to be sent to Civilurgentmatters-SCJ-Toronto@ontario.ca.

The request must be accompanied by the Urgent Motion Request form. (Please link the form below to the highlighted text)

10. Rule 7 Applications, Rule 7 Motions, and Other Applications and Motions in Writing that are Proceeding on Consent of all Parties may be brought as follows:
    1. Electronic copies of Rule 7 applications, Rule 7 motions, and other applications and motions in writing that are proceeding on consent of all parties may be filed in searchable PDF format through the Civil Submissions Online portal and uploaded to Case Center in accordance with Rule 4.05.3.
    2. Counsel must ensure that all material necessary for Court approval as set out in Rule 7.08(1)(4) is included in the motion record.
    3. An approved form of draft judgment shall be filed in Word format in a separate document.
    4. A motion under Rule 7.08 must be brought in accordance with the Best Practice’s Guidelines and Checklist for Rule 7.08 matters.

11. Elimination of “Placeholder” Motions.Any date requisitioned or scheduled for a short motion, long motion or application before a judge will be vacated if the Notice of Motion is not filed with payment of the motion fee or the Application is not issued within 10 business days after the motion date is requisitioned.
12. Motions to transfer a Civil Proceeding. Counsel and parties are advised to refer to Part 1 of the Consolidated Provincial Practice Direction for Civil Proceedings which prescribes specific requirements for motions to transfer a civil proceeding.
13. Requests for Assignment to Case Management-Rule 05. Under rule 77.01(2)1, parties are required to assume the greater share of responsibility for managing their own actions. However, “light touch” case management under Rule 77 is available on an “as needed/as requested” basis in accordance with the provisions of the rule. Consent, unopposed and opposed requests for assignment to case management may be made to the Team Leader Toronto Associate Judge, or the Regional Senior Judge, or designate, by completing a Request for Case Management form. Consent by itself is insufficient and parties must explain why case management is necessary having regard to the circumstances and the criteria set out in rule 77.05(4). Case management will not be assigned to actions that fail to meet the prescribed criteria. If the request is granted, the Team Leader Toronto Associate Judges or Regional Senior Judge, or designate, will assign an associate judge or judge to case manage the action. Requests under rules 37.15 or 77.06 for the appointment of a judge to hear all motions or steps in a proceeding shall be made in writing to the Regional Senior Judge or designate. A judge normally will not be assigned under rules 37.15 or 77.06 unless there is a likelihood of a significant number of motions or other steps in the proceeding that are within the exclusive jurisdiction of a judge.
14. Mandatory Mediation. All actions commenced in or transferred to the Toronto Region are subject to mandatory mediation under rule 24.1 except those actions excluded in rules 24.1.04(2) and (2.1). A mediation session must take place within 180 days after the first defence has been filed, unless a consent under rule 24.1.09(3) has been filed or the court orders otherwise. Court staff will not accept for filing a trial record (ordinary action) or a notice of readiness for pre-trial conference (Simplified Procedure action) unless the party setting the action down for trial files a Certificate that:
15. Form 24.1A (Notice of Name of Mediator and Date of Session) has been filed with the mediation coordinator and the mediation session has taken place;
16. the report by mediator (indicating that the mediation has been concluded) has been filed with the mediation coordinator;
17. an order has been obtained from a judge or associate judge exempting the action from mediation; or,
18. an order has been obtained from a judge or associate judge extending the deadline for mediation until after the action is set down for trial.

These requirements will apply even where the parties have agreed to postpone a mediation session to a date more than 180 days after the first defence has been filed as permitted by rule 24.1. A motion for an order exempting the action from mediation should be made to any associate judge (unless the action is being case managed by a judge or a specific associate judge). The motion should be returnable in motions court or by case conference if the action is case managed. Motions in writing on consent will be considered if sufficient reasons are given. In keeping with the requirement for mandatory mediation and Rule 1.05, a judge may, at any stage in the proceeding, order that the parties not take any further steps in the proceeding, without leave of a judge, until a mandatory mediation has taken place.

15. Factums on motions and applications to Judges in Toronto shall be limited to 20 pages unless leave is obtained for a longer factum in Civil Practice Court.

C.2 Civil Matters before an Associate Judge

The following civil matters are being heard before associate judges in Toronto:

1. Pre-Trial Conferences as discussed in C.3 below.
2. Motions in writing to an associate judge shall be made for motions brought without notice, on consent of all parties or that are confirmed as unopposed by all responding parties, proposed parties and/or non-parties as applicable.  The moving parties shall include a separate document listing the parties, their counsel and their respective positions on the motion. Such motions may be filed in searchable PDF format through the Civil Submissions Online.
3. Short motions (requires two hours or less for all parties to argue):
   1. Short motions that are not expected to be opposed and that do not fall within the requirements for in-writing motions and which will require no more than a 15-minute hearing may be scheduled in an express court. This time limit will be strictly enforced.
   2. Opposed short motions to an associate judge (2 hours or less) shall be booked through Calendly at https://calendly.com/toronto-region. Parties are expected to make every effort to consent to a date for their appearance with the court. All short motions before an associate judge must be scheduled through Calendly at: https://calendly.com/toronto-region. Only one party is required to complete the Calendly scheduling process. Upon selecting the preferred date and following Calendly’s prompts, the requestor will receive an email confirming the date and outlining next steps to secure their motion date. It is the responsibility of the requestor to forward all emails related to their appearance to other parties in the action so that all parties are aware of the date of their short motion. If parties are unable to consent to a date for their short motion despite best efforts, the requesting party must indicate that the date is not on consent when completing the Calendly questions and advise all other parties that they have selected a date through Calendly. To secure the date a completed Short Motion or Application Request Formmust be submitted as an attachment to an email to JUS.G.MAG.CSD.Civilmotionsscheduling@ontario.ca.
   3. The moving party must consult or attempt to consult with all affected responding parties before submitting the request form. One proposed method of hearing (i.e., in person, or remote) must be selected.
   4. The Civil Motion Confirmation Form is to be emailed to JUS.G.MAG.CSD.CivilMotionsConfirmation@ontario.ca by 2:00 p.m. five (5) days prior to the hearing,, excluding weekends and holidays. In the case of an abandoned motion where the responding party is seeking costs, the confirmation form must be sent by 10:00 a.m. four (4) clear days  prior to the hearing. Motion materials must be uploaded into Case Center by 2 P.M. three (3) days in advance of the hearing. Failure to upload materials may result in a dismissal of the motion, or an adjournment, or an order for costs.
   5. For lawyer removal motions to an associate judge:
      1. Motions by a lawyer to remove themselves from the record shall be scheduled as opposed short motions, to proceed by videoconference. Parties are expected to make every effort to consent to a date for their appearance with the court. All lawyer removal motions must be scheduled through Calendly at: https://calendly.com/toronto-region. Only one party is required to complete the Calendly scheduling process. Upon selecting the preferred date and following Calendly’s prompts, the requestor will receive an email confirming the date and outlining next steps to secure their motion date. It is the responsibility of the requestor to forward all emails related to their appearance to other parties in the action so that all parties are aware of the date of their solicitor removal motion. If parties are unable to consent to a date for their motion despite best efforts, the requesting party must indicate that the date is not on consent when completing the Calendly questions and advise all other parties that they have selected a date through Calendly. When the lawyer requests a date for a removal motion, the Civil Scheduling Unit will provide a date and the Zoom coordinates for accessing the virtual courtroom both by videoconference and by telephone. The moving lawyer shall include the Zoom coordinates provided by the court in the notice of motion served on the client and opposing parties.
      2. Unredacted motion records as provided in Rule 15.04(1.3) of the Rules of Civil Procedure shall not be filed with other motion materials or uploaded to Case Center. Unredacted motion records should be provided to the presiding associate judge for review at the beginning of the hearing of the motion as an attachment to an email sent to the registrar or in such other manner as the presiding associate judge may direct.
   6. In short motions before an associate judge, all affidavits of service and/or lawyers’ certificates of service must be uploaded into Case Center.
4. Long Motions (requires more than two hours for all parties to argue):
   1. Long motions may be scheduled by sending a requisition to schedule a long motion before an associate judge to longmotions@ontario.ca. Procedures for filing materials and hearing the long motion will be determined by the assigned associate judge at a case conference. If the action is case managed, a requisition is not necessary and a request for a long motion may be sent directly to the Assistant Trial Coordinator for the associate judge who is managing the action.
   2. In long motions before an associate judge, all affidavits of service must be uploaded into Case Center.
5. Rule 48.14 motions: 

(i) 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 before an Associate Judge. (ii) Contested motions for a status hearing are to be scheduled as long motions before an Associate Judge as set out at #4 above.

6. Elimination of “Placeholder” Motions. Any date requisitioned or scheduled for a short motion before an associate judge will be vacated if the Notice of Motion is not filed with payment of the motion fee within 10 business days after the motion date is requisitioned.
7. Motions to be Heard by Associate Judges. An associate judge has jurisdiction to hear any motion in a civil proceeding except those specified in rule 37.02(2). Unless the relief requested in the motion is within the exclusive jurisdiction of a judge, a motion returnable by attendance or in writing must be made to “the Court” and heard by an associate judge.
8. Case Conferences: A completed Case Conference Request form requesting a case conferences before an associate judge under Rule 50.13(1) may be sent to TorontoCaseConferenceAppointments@Ontario.ca. Note that Rule 50 (including Rule 50.13) does not apply to actions governed by the Construction Act:  O. Reg. 302/18, s. 10(9).
9. Construction Lien Motions & References before an associate judge: See Section I.
10. Reference Proceedings: Counsel and parties should make their requests for a civil reference by sending the requisition together with a copy of the entered judgment to longmotions@ontario.ca. An associate judge will be assigned and that associate judge’s assistant trial coordinator will arrange a case conference to schedule the motion for directions and the reference hearing.
11. Urgent Hearing Requests: Requests for an urgent hearing before an associate judge may continue to be sent to Civilurgentmatters-SCJ-Toronto@ontario.ca.

The request must be accompanied by the Urgent Motion Request form. (Please link the form below to the highlighted text)

12. Simplified Procedure Discovery Motions. Motions concerning issues arising from examinations for discovery in simplified Procedure actions will be scheduled for a maximum of 60 minutes in total. All parties are expected to complete oral argument of the motion within the time scheduled, subject to leave from the presiding associate judge in exceptional cases. Parties are encouraged to use rule 34.12 and answer questions that are objected to.
13. Motions before an associate judge from the Class Proceedings, Commercial and Estate Lists: If the motion is under the Class proceedings Act,1992, or a proceeding on the Commercial List or Estates List, a written direction will be required from a judge on the respective list permitting the motion to be heard by an associate judge. Similarly, if the action has been assigned to a judge under rule 37.15 or rule 77.06, a direction from that judge that an associate judge be appointed to hear motions within the associate judge’s jurisdiction will be necessary. The requirement for a judge’s written direction does not apply to motions under the Bankruptcy and Insolvency Act heard by an associate judge exercising the authority of a registrar of the court in bankruptcy under the Act.

C.3 Pre-Trial Conferences before Judges and Associate Judges

1. Pre-trial conferences will presumptively be heard remotely, subject to Rule 1.08 and the discretion of the pre-trial judge. Counsel and parties will be advised of the location of the pre-trial conference the week before it is scheduled to be heard.
2. The court will hear pre-trial conferences for cases where trial dates have been fixed. It is expected that parties and counsel will attend pre-trial conferences with full intention and authority to settle the case. To make the pre-trial effective, there should be no impediment to resolution of the case such as an outstanding expert report, outstanding critical productions, or other evidence that is necessary for a fulsome discussion of the case.
3. Pursuant to the amendments to Rule 50.03, each party must complete a Certificate of Readiness (Form 50A)at least 30 days prior to the pretrial setting out the status of expert reports.
4. While the initial focus of the pre-trial conference will be on resolution of the case, the pre-trial judge or associate judge will also undertake trial management. Trial management is especially important with the possibility of virtual or hybrid virtual/in-person trials. Prior to the pre-trial conference, counsel will be provided with blank drafts of the form of pre-trial report under Rule 50.08 to be completed by the pre-trial judge or associate judge. Trial counsel are required to speak to each other and to fill in the Rule 50.08 report consensually as much as possible in advance of the pre-trial conference and return it to the trial coordinator in Word format before the pretrial date. Failure to complete the report may result in the pretrial being rescheduled. The court expects counsel to cooperate in the trial management process prior to and at the pre-trial conference.
5. In addition to the pre-trial conferences scheduled by the court above, counsel or a party may request the scheduling of a pre-trial conference for pre-trial that meets the criteria in paragraph C.3.2 above by sending a Toronto Civil Pre-Trial Conference Request form signed by all counsel and unrepresented parties to the court electronically, in searchable PDF format, attached to an email addressed to: Toronto.civil.pretrials@ontario.ca. If the request for a pre-trial is not on consent, counsel should request a case conference before a judge under Rule 50.13(1) to deal with this issue. To schedule a case conference, parties are expected to make every effort to consent to a date for their appearance before the court. All case conferences must be scheduled through Calendly at: https://calendly.com/toronto-region. Only one party is required to complete the Calendly process. Upon selecting the preferred date and following Calendly’s prompts, the requestor will receive an email confirming the date of the case conference and outlining next steps to secure their date. It is the responsibility of the requestor to forward all emails related to the case conference to other parties in the action so that all parties are aware of the date of their case conference. If parties are unable to consent to a date for their case conference despite best efforts, the requesting party must indicate that the date is not on consent when completing the Calendly questions and advise all other parties that they have selected a date through Calendly. To obtain a date a completed Case Conference Request formis required for the scheduling of all case conferences.
6. When an action is scheduled for a pre-trial conference, the parties shall serve and file and upload to Case Center file briefs that contain a concise summary of the position of the party and the evidence that will be relied on at trial at least five (5) days before the scheduled date. The parties shall also deliver their draft Rule 50.08 reports.
7. For actions governed by Rule 76, all other documents required by subrule 76.10 (2) and (4) and Part I, Section J of the Consolidated Provincial Practice Direction for Civil Proceedings, shall be served, filed and uploaded to Case Center five (5) clear days before the pre-trial. Failure to comply may result in an adjournment and/or an order for costs.
8. Counsel may summarize evidence such as the opinions of treatment providers or experts. Where counsel is of the view that the expert report should be read by the pre-trial judge or associate judge, it should be included by hyperlinks to an external, secure database viewer in the pretrial brief.
9. Voluminous records such as pleadings, treatment notes, accident benefit files, hospital records, tax returns, and employment files are not to be filed with the court by hyperlink, a dropbox, or otherwise. Summaries or charts of such records ought to be included in the body of the pretrial memorandum.
10. All of the foregoing steps are guidelines only and are subject to variation at the discretion of the court in appropriate cases. In addition, the court may also contact counsel to schedule other pre-trial conferences at its discretion.
11. Briefs, draft reports, and any other documents pursuant to paragraph C.3.5 above shall be uploaded into Case Center (into the pre-trial event folder). These documents should not be filed through the Civil Submissions Online Portal or by email to the trial coordinator’s office.

C.4 Material Filing Directions for Motions and Applications before Judges and Associate Judges

1. Counsel and self-represented litigants are expected to comply with the sections of the Consolidated Civil Provincial Practice Direction, Part 1, Section A “Filing Materials Electronically.
2. The moving party shall provide the Case Center invitation and the Zoom link for the hearing to all responding parties as soon as they become available.
3. Affidavits of service should not be uploaded to Case Center for motions to a judge unless there is a dispute regarding service or they are otherwise required for use during the hearing. For motions to an associate judge, affidavits of service shall be uploaded to Case Center as set out in paragraph C.2.3 (f) above.
4. Rule 57.01(6) requires that every party who intends to seek costs of a proceeding must serve and bring to the hearing, a costs outline (Form 57B)not exceeding three pages in length. Parties seeking costs of a motion shall serve their costs outlines on all other parties, file them through the Civil Submissions Online portal, and upload them to Case Center before the hearing.
5. Parties are expected to comply with the requirements outlined in the Consolidated Civil Provincial Practice Direction Part II: Civil Proceedings Using Case Center, section A Uploading Electronic Documents for Use at Hearings. Parties are also expected to follow the directions provided in the Case Center in the Superior Court of Justice: A Guide to Requirements.
6. Further, factums and draft Orders submitted through the Civil Submissions Online portal/ should also be submitted in Word format.
7. Compendiums shall be filed and uploaded to Case Center in accordance with Rule 4.05.3 and section 28 of the Consolidated Civil Provincial Practice Direction.
8. No adjournment for any motion before a judge or associate judge will be granted within 2 days of the scheduled hearing date, except in extenuating and exceptional circumstances.

C.5 Presumptive Mode of Proceedings

3. The method for requesting a change to the presumptive mode of proceeding is set out below for proceedings before a judge or associate judge (trial, pretrial conference, case conference, Trial Scheduling Court, Civil Practice Court, opposed motions, consent/confirmed unopposed/without notice motions, and costs):
4. The presumptive modes of proceedings before a judge or associate judge for civil matters in Toronto can be found the in the Consolidated Provincial Practice Direction for Civil Proceedings.
   1. The format for proceedings in the Toronto Region are to be set by agreement of the parties and should be informed by the presumption set out in the Provincial Practice Direction, subject to the discretion of the court. Rule 1.08 of the Rules of Civil Procedure provides the process for parties to request a format for a proceeding in court including how to deal with objections to requests made by other parties.
   2. Under Rule 1.08 (1) a party proposing to bring a hearing or a step before the court may specify the method by which the party proposes that the parties attend at the hearing or step in the forms or other documents to be filed in advance of the hearing or step. Rule 1.08 (1) sets out the process for all types of in-court hearings before a judge and/or associate judge set out in Part C.1 and C.2 above. Parties are reminded that the Notice of Motion form, Form 37A, lists the choices of format available.
   3. Under Rule 1.08 (4) a party who wishes to oppose a proposed method of attendance shall deliver a Notice of Objection form, Form 1A before the earlier of:
      1. 10 days after the document specifying the proposed method of attendance was served on the party; and
      2. seven days before the hearing or step.
   4. Under Rule 1.08 (5) if a notice of objection is delivered, the court shall order a case conference under rule 50.13 to deal with the objection. Under Rule 1.08 (3) the case conference shall be by telephone unless the court specifies a different method.
5. The method for requesting a change to the presumptive mode of proceeding is set out below for proceedings out of court (examinations under Rule 34, and mediations under Rules 24.1, 75.1, or 75.2):
   1. Under Rule 1.08 (8) the format for mediation under Rules 24.1, 75.1, or 75.2 and for examinations under Rule 34, including examinations for discovery and cross-examinations on affidavits, may be set by agreement of the parties. If the parties do not agree then under Rule 1.08 (8)(2):
      1. a party may request a case conference under rule 50.13 to establish the format for out of court examinations or mediation under Rule 24.1; and
      2. a party may bring a motion for directions under Rules 75.1.05 or 75.2.03 to establish the format for mediation under Rules 75.1 or 75.2 respectively.

D. Divisional Court Matters

For Divisional Court proceedings, please refer to the Consolidated Practice Direction for Divisional Court Proceedings.

E. Estates List Matters

Effective January 31, 2025

Effective January 31, 2025, this Direction applies to matters on the Estates List in the Toronto Region. This Practice Direction was originally effective July 1, 2014, and it is consolidated as of January 31, 2025. Counsel and parties are advised to refer to the relevant Parts of the Consolidated Civil Provincial Practice Direction, as well as relevant Notices to the Profession, which are available on the Superior Court of Justice website at: www.ontariocourts.ca/scj. The Estates List has been established for the hearing of proceedings in the Toronto Region involving matters of estate, trust, and capacity law. This Practice Direction governs the conduct of matters on the Estates List, subject to further amendments as required, and subject to the Rules of Civil Procedure (the “Rules”) and any other applicable Practice Direction.

E.1 The Estates Office

1. The Toronto Region Estates List is administered through the Estates Office, 9th floor, 330 University Avenue, Toronto, Ontario. The email address is Toronto.estates@ontario.caand the telephone number is (416) 326-2940. All filings relating to Estates List matters are done through the Estates Office.

E.2 Principles Guiding the Estates List

2. The following principles shall guide all proceedings conducted on the Estates List:
   1. The time and expense devoted to a proceeding should be proportionate to what is at stake in the proceeding; and
   2. Co-operation, communication, civility, and common sense should prevail amongst all parties and counsel.

E.3 Matters Heard on the Estates List

3. The Estates List judges hear the following matters:

1. 1. all matters arising under Rules 74 and 75 of the Rules;
   2. applications under Rule 14.05 regarding estates, wills, and trusts, including applications for advice under section 60 of the Trustee Act;
   3. applications relating to inter vivos trusts, whether under Rule 14.05, the Variation of Trusts Act, or otherwise;
   4. proceedings involving the proof or validity of wills, including lost wills;
   5. proceedings concerning the administration of estates;
   6. summary procedures for claims against estates pursuant to the Estates Act, ss. 44 and 45;
   7. passing of accounts applications by estate trustees, trustees, or any other person acting in a fiduciary capacity, including guardians and those acting under powers of attorney;
   8. proceedings under the Succession Law Reform Act;
   9. proceedings under the Substitute Decisions Act, 1992, including proceedings under that Act involving guardianship and powers of attorney (See paragraph 31 and Part X below);
   10. applications for the appointment of a guardian of property of a child under s. 47 of the Children’s Law Reform Act, if brought in the Superior Court of Justice, other than applications arising out of personal injury actions (see paragraph 31 and Part X below);
   11. proceedings under the Declarations of Death Act, 2002, or the Absentees Act;
   12. proceedings under the Charities Accounting Act, the Charitable Gifts Act, or the Religious Organizations’ Lands Act;
   13. applications for an extension of time to make an election under s. 6(1) of the Family Law Act regarding the interest of a spouse under section 5(2) of that Act; and
   14. such other matters concerning estate, trust, or capacity law as a judge may direct be heard on the Estates List. In considering whether to make such a direction, the judge may take into account the current and expected volume of matters on the Estates List.

4. Where an estate trustee is either a plaintiff or a defendant in a civil action which does not specifically concern estate or trust law, or where an estate trustee becomes a party in such an action by virtue only of an order to continue under Rule 11.02, the action shall proceed as any other action and shall not be placed on the Estates List unless the court orders otherwise.
5. Transfers of Matters to the Estates List
6. A matter that should have been commenced on the Estates List may be transferred to it by a judge who is hearing the matter, but who is not sitting on the Estates List.
7. Matters may be transferred to the Estates List on consent, provided the matters fall within the categories outlined in Part III, subparagraphs 3(a) – (n), above, or on a motion to a judge sitting on the Estates List.
8. The place of commencement of a proceeding is governed by Rule 13.1.01. Requests to transfer matters commenced outside the Toronto Region to the Estates List are governed by Part III of the Consolidated Provincial Practice Direction.

E.4 Administrative Matters

A. Courtrooms, Virtual Hearings, and Gowning

8. Matters on the Estates List are usually heard at 330 University Avenue, Toronto, unless notice to the contrary is given. Short matters, which are uncontested or unopposed, including scheduling appointments, case conferences, and other matters scheduled for less than 90 minutes, will be conducted via Zoom videoconference. Matters scheduled for 90 minutes or more will proceed in person at 330 University Avenue, Toronto, unless the presiding judge rules otherwise.
9. Counsel shall gown for all hearings or attendances, except 9:30 a.m. scheduling appointments, pretrial conferences, case conferences, and judicial mediation.

B. Estates List Documents and Forms

10. Copies of forms specified by the Rulescan be found on the Court Services Division Forms website: on.ca/en/. Confirmation and other administrative forms used by the Estates List may be obtained from the Superior Court of Justice website: www.ontariocourts.ca/scj/practice_directions/consolidated-practice-direction-toronto-region/#Estates_List_Forms. Counsel and parties using documents obtained from a website are reminded that the Rules require that all documents filed in a proceeding must use characters of at least 12 point, or 10 pitch, size; as a result, some conversion of the font size of web-sourced documents may be required.

E.5 Scheduling Matters on the Estates List

A. The Daily 9:30 a.m. Scheduling Appointments and Hearings

11. The daily list of matters heard by a judge sitting on the Estates List consists of two parts: (i) the hearing of 9:30 a.m. scheduling appointments of 15 minutes each, immediately followed by (ii) the hearing of contested or unopposed matters. 9:30 a.m. scheduling appointments take place, virtually, in chambers and deal with scheduling, unopposed adjournments, and matters on consent. Counsel are not required to gown. Contested and unopposed matters, such as actions, applications, and motions (that cannot be made in writing) are conducted in open court commencing at 10:00 a.m.
12. Booking dates for a 9:30 a.m. scheduling appointment or another proceeding can be done in the following ways:
    1. For 9:30 a.m. scheduling appointments: by accessing https://calendly.com/toronto-estates. Through this link, parties can view the court’s availability directly and request an appearance. All parties must make best efforts to consent to a date prior to completing the Calendly request. Once a date and time have been selected, only ONE party in the action is required to follow the prompts and complete the Calendly process. Upon completing the Calendly process, the requestor will receive an automated email confirming their request and outlining next steps to secure the date. It is the responsibility of the requestor to forward all automated confirmation and scheduling emails related to the Calendly-scheduled event to other parties in the action.
    2. For hearings and all other proceedings: by completing the Request Formand emailing it to estateslist@ontario.ca
13. 9:30 a.m. scheduling appointments will be booked for no more than 15 minutes for each matter booked and must be booked at least two days in advance. Any material required for a 9:30 a.m. scheduling appointment should be filed no later than 12 noon the day before the scheduling appointment.
14. If a party who has received notice fails to appear at a 9:30 a.m. scheduling appointment, the court may set a timetable and hearing date for the matter in the party’s absence.
15. In order to ensure the most efficient use of court time and to enable contested matters to be heard at the earliest reasonable date, procedures for booking a hearing on the Estates List vary according to the type and length of proceeding as described below.

B. Passing of Accounts Applications

16. When initiating an application for a passing of accounts, the Notice of Application to Pass Accounts (Form 74.44) is to be filed with the court office through the Justice Services Online “Civil Submissions Online” portalor in person. The notice will be processed, and in the date field of the notice of application, the applicant must insert “to be fixed by the Trial Coordinator”. When filing an application to pass accounts through the online portal, the applicant must choose as the proceeding type either “new proceeding” or “existing proceeding”.
    • Select “existingproceeding” if you have a court file number for an estate litigation matter for the same estate (whether active or not), and no passing of accounts application has been previously filed in the matter. Enter the 14-digit court file number that was assigned to the estate litigation file when submitting the Notice of Application to Pass Accounts through the portal in the following format: CV-YY-0000XXXX-00ES. The court file number assigned to a probate application or certificate must not be used.
    • For all other applications to pass accounts, select “new proceeding”. Each new passing of accounts application will be assigned a unique 14-digit court file number, which will be sent to the applicant by email. After the documents have been submitted through the Civil Submissions Online portal for filing or issuance, court staff will send the applicant an email to advise whether the document has been accepted for filing or issuance (r. 4.05.2(4)(8)).
17. Once the applicant receives confirmation that the application for a passing of accounts has been issued and receives a copy of the issued notice of application, the applicant must contact the Trial Coordinator’s Office to obtain a date for the hearing at estateslist@ontario.ca.
18. The applicant must serve the issued notice of application to pass accounts in accordance with Rule 74.18(3) and advise those persons who must be served on the application of the hearing date once it has been scheduled.
19. Responding material may be filed through the Civil Submissions Online portal or in person. When using the online portal, respondents should select “existing proceeding” and then enter the 14-digit court file number shown on the application.
20. If a) no notice of objection is received; or b) if all notices of objection received are withdrawn within the prescribed time period, and no request for increased costs has been served and filed; or c) a request for increased costs has been served and filed, but there is no objection to it, the request has been consented to, or there is no response, then the applicant should vacate the hearing date. Upon filing the material required by Rule 74.18(9), the application may proceed as an unopposed application in writing to be read by a judge in chambers without the need for an in-person hearing, unless otherwise ordered by a judge.
21. The judge in chambers will determine the amount of the costs if a request for increased costs has been made, or the judge may schedule a date for a hearing on costs. A request for increased costs must be served on all parties affected, meaning on each person who has a contingent or vested interest in the estate, even if they have not filed a notice of objection. See Re Mitchell Estate, 2010 ONSC 1640.
22. If any notice of objection is received and not withdrawn, or if there is an objection to a request for increased costs, and the parties agree on the terms of an order giving directions (including a timetable for each pre-hearing step and a proposed new hearing date, if required), then the parties may obtain a consent order giving directions for the application at a 9:30 a.m. scheduling appointment. If a new hearing date is scheduled, the original hearing date must be vacated.
23. If any notice of objection is received and not withdrawn, or if there is an objection to a request for increased costs, and the parties cannot agree on an order for directions, the parties should file, at least two days in advance of the hearing date, copies of their respective draft orders giving directions, including a timetable for each pre-hearing step, and a proposed new hearing date. If the terms of an order giving directions can be set on the hearing date, the judge may issue an order giving directions, including a timetable for pre-hearing steps and a new hearing date. If more time is required to set the terms of an order giving directions, the judge may schedule a date for the hearing of a contested motion for directions, or a case conference to set the terms of the order.
24. Draft orders giving directions should address the items described in paragraph 49 below.

C. Applications Involving Wills Where an Order Giving Directions is Required

25. Where a notice of objection to the issuance of a certificate of appointment of estate trustee has been filed, and an application for directions is required, the applicant, or other person applying for directions, should book an initial 9:30 a.m. scheduling appointment for the initial return date for the application.
26. If, prior to their attendance at the 9:30 a.m. scheduling appointment, the parties can agree on the terms of a consent order giving directions, including a timetable for each pre-hearing step, the judge at the 9:30 a.m. scheduling appointment may issue a consent order giving directions.
27. If the parties cannot agree on the terms of a consent order giving directions prior to the 9:30 a.m. scheduling appointment, the parties should file, at least two days in advance of the 9:30 a.m. scheduling appointment, copies of their respective draft orders giving directions, including a timetable for each pre-hearing step. If the dispute about directions can be resolved during the 9:30 a.m. scheduling appointment, the judge may issue the order giving directions, including a timetable for pre-hearing steps. If more time is required to set the terms of an order giving directions than a 9:30 a.m. scheduling appointment allows, the judge may schedule a date for the hearing of a contested motion for directions, or a case conference to set the terms of the order.

D. Guardianship Applications

28. Part III of the Substitute Decisions Act, 1992sets out the procedure and filing requirements for an application to appoint one or more guardians of an incapable adult. Part III of the Children’s Law Reform Act sets out the procedure and filing requirements for an application to appoint one or more guardians of a minor. In addition, the general requirements of Rule 38 governing applications apply to applications to appoint guardians.
29. Subject to paragraph 31 below, an application for the appointment of a guardian under the Substitute Decisions Act, 1992or the Children’s Law Reform Act should be commenced by filing a notice of application using the “Civil Submissions Online” portal or in person at the Toronto Estates Office counter. In the Estates List Confirmation Form, applicants should advise the court of the expected length of time required for the application to be heard, which should not be less than 30 minutes, and whether the application is opposed or unopposed.
30. If an individual is alleged to be incapable of managing property, and a claim for damages for personal injury is contemplated or a personal injury action has been commenced but not resolved, a guardianship application in respect of such individual may be brought on the Estates List.
31. Where an individual is a party under disability, and their personal injury action is settled at a pretrial or otherwise, and no guardian of property has been appointed, the guardianship application in respect of such individual, is to be brought on the Civil List and, where practicable, heard by the judge who approved the settlement under Rule 7.08 of the Rules. The guardianship application is to be filed using the “Civil Submissions Online” portal or in person at the Toronto Civil Office counter. The notice of application for the guardianship must identify the judge who approved the Rule 7 settlement.
32. Once a guardian of property or a guardian of personal care has been appointed, the guardian may seek advice and direction from a judge on the Estates List regarding the guardian’s duties and amendments to the guardian’s management plan or guardianship plan. A guardian’s application to pass accounts should be brought on the Estates List.
33. Guardianship applications on the Estates List are scheduled for 10:00 a.m. or later and are not heard in writing. Counsel must ensure that a screening letter from the Public Guardian and Trustee and a current management plan or guardianship plan, or both, are available for the hearing.

E. Any Other Type of Application or Motion

Matters that will require less than one hour to address the merits

34. For unopposed or uncontested matters heard on the Estates List, where the applicant or moving party realistically estimates that the time required for argument by all parties will take less than one hour, an appointment may be booked through the Estates Office, for a hearing of up to one hour by emailing estateslist@ontario.ca.

Matters that will require one hour or more to address the merits

35. For contested matters, and unopposed or uncontested matters requiring an hour or more to address the merits, the applicant or moving party, on notice to all other parties, shall request a 9:30 a.m. scheduling appointment for the court to set a timetable for pre-hearing steps and a hearing date for the application or motion by accessing https://calendly.com/toronto-estates to view the court’s availability and request an appointment. The applicant is expected to make best efforts to obtain the other parties’ consent to a date prior to completing the Calendly request. Upon completion of the Calendly process, the applicant will receive an email outlining next steps to secure the appointment. Counsel are expected to file a brief aide-memoire describing the issues and explaining why more than one hour is required to address the merits.

F. Matters that May be Dealt with at a Case Conference

36. Apart from the matters described above, there may be other matters that arise during the course of a proceeding in respect of which the parties may wish to book a case conference to obtain the assistance of the court on procedural matters, such as setting timetables for further steps in the proceeding, including steps required to ready the matter for trial. On notice to the other interested parties, a case conference may be booked by emailing the Request Formto estateslist@ontario.ca.
37. At least two days in advance of the case conference, counsel are expected to file a two-page brief setting out the issues, possible terms of settlement, and the remaining matters in dispute. Where appropriate, draft orders or offers to settle may be included.

G. Adjournments

General Principles

38. Parties are expected to be ready to proceed with the matter for which the hearing date was agreed to or set by the court. Adjournments of previously scheduled matters will only be granted in exceptional circumstances and for a compelling reason. Prior to a hearing, the parties are expected to have conscientiously attempted to resolve most adjournments in a way which minimizes inconvenience for the parties.
39. Parties are expected to retain counsel promptly. A request for an adjournment because a party has not retained counsel promptly or because new counsel has been retained just prior to the hearing shall be dealt with accordingly.

Where the hearing date was set at a 9:30 a.m. scheduling appointment

40. Requests for adjournments of hearing dates that were set at a 9:30 a.m. scheduling appointment should occur infrequently since the reasonableness of the hearing date would have been canvassed at that scheduling appointment. Any such request for an adjournment, even on consent, should be made at a further 9:30 a.m. scheduling appointment so that the court can be satisfied that the matter has reached a stage of readiness, which would justify assigning a new hearing date. If the matter is not ready for a hearing, it may be removed from the hearing list, leaving it to the parties to reapply subsequently at a 9:30 a.m. scheduling appointment for a new hearing date once the matter is ready to be heard.

Where the hearing date was not set at a 9:30 a.m. scheduling appointment

41. Where the hearing date for a matter was not set at a 9:30 a.m. scheduling appointment, a first consent adjournment of the hearing of the matter may be obtained through the Estates Office.
42. If the parties wish to seek a second consent adjournment in the matter, they should adjourn the hearing of the matter, in advance of the scheduled hearing date, to a 9:30 a.m. scheduling appointment. If the request for a second adjournment is not made until the appearance before the judge scheduled to hear the matter, that judge may direct the matter to be adjourned to a 9:30 a.m. scheduling appointment before it proceeds further. On the return of the matter at a 9:30 a.m. scheduling appointment, the court may determine whether the matter is ready for a hearing, or it should be removed from the hearing list, leaving it to the parties to reattend at a 9:30 a.m. scheduling appointment to obtain a new hearing date once the matter is ready to be heard.

E.6 Contested Matters

A. Confirmation of Applications and Motions

43. Parties must confirm the hearing of a contested application or motion at least five days in advance of the hearing date (excluding weekends and holidays) by completing the Confirmation Formand emailing it to estateslist@ontario.ca. Parties will receive an email from Case Center with a link to the matter. Parties must upload their documents to Case Center at least three days in advance of the hearing. For matters being heard virtually, Zoom videoconference coordinates will be added to Case Center two to three days in advance of the hearing.

B. Urgent Applications or Motions

44. A party seeking an urgent hearing may complete and submit to the Estates Office an Urgent Hearing Request formdescribing the nature of the matter, the reason for the urgency, the time required for the matter to be heard, and details of any scheduling matters agreed to by the parties or affecting the parties. A copy of the proposed notice of application or notice of motion must be attached to the form.
45. Requests for the hearing of urgent applications or motions will be considered or heard on an “as required” basis, by the Team Lead Judge or their designate. The Estates Office will notify the parties of the time and location for the hearing of the urgent request, if approved for a hearing.

C. Orders Giving Directions – General

46. Orders giving directions in contested matters are designed to provide the parties with a procedural framework in which to prepare the proceeding for final adjudication. Rule 75.06 provides the court with considerable discretion and flexibility to put in place a process that will ensure the just, expeditious, and least expensive determination of a proceeding on its merits. Parties are expected to take time and care in preparing proposed orders giving directions for consideration by the court.
47. If the parties cannot agree upon an order giving directions before or at a 9:30 a.m. scheduling appointment, and a contested motion for directions is required, each party must file with its motion material a copy of the draft order giving directions that it is seeking.
48. Draft orders giving directions should address, where applicable, the following matters:
49. the issues to be decided;
50. a description of the parties – e.g., who is propounding the will(s), who is challenging the will(s), and who is submitting rights to the court;
51. whether there is any party under disability who requires representation, and if so, whether notice to the Public Guardian and Trustee or the Children’s Lawyer should be directed;
52. whether an estate trustee during litigation should be appointed, and the amount of security, if any, such an estate trustee should post;
53. the persons to be served with the order for directions, and the method of and time for service;
54. whether the parties should exchange pleadings or put before the court their respective positions and the material facts upon which they rely through another means;
55. procedures for bringing the matter before the court in a summary way;
56. the timing and conduct of a mediation session under Rule 75.1, including (i) whether the mediator should provide any report to the court on procedural issues, (ii) the desirability of multiple mediation sessions, and (iii) when a pretrial conference or case conference should be held if the mediation session does not result in a settlement of the proceeding;
57. any other prehearing steps to be undertaken, including documentary disclosure, obtaining medical, accounting, financial or legal records, examinations for discovery, and the availability of a motion for summary judgment;
58. the timing for the delivery of any expert report and the utility of a prehearing meeting between experts to narrow the issues in dispute;
59. the timing of a pretrial conference, including how long after an unsuccessful mediation session the pretrial conference should be held; and
60. the procedure to be followed at the hearing, including the method of adducing evidence-in-chief.

D. Orders Giving Directions – Contested Passing of Accounts

49. Where a hearing will be held on a passing of accounts, orders giving directions proposed by the parties should address the following issues, where applicable:
50. the timing and conduct of a mediation session;
51. the issues to be tried and each party’s position on each issue;
52. the timing and scope of relevant disclosure;
53. the witnesses each party intends to call, the issues each witness intends to address, and the anticipated length of each witness’s testimony (examination-in-chief and cross-examination); and
54. the procedure to be followed at the hearing, including the method of adducing evidence-in-chief.

E. Draft and Model Orders

50. The preparation of draft orders for consideration by the court at the end of a hearing will expedite the issuance of orders. Where relevant, model orders, approved by the Estates List Users’ Committee, may be relied on, and a copy of the draft order blacklined to the model order, indicating all variations to the model order should be filed.

F. Applications Under Part V of the Succession Law Reform Act

51. In an application for dependant’s support under Part V of the Succession Law Reform Act,a court must consider the dependant’s circumstances, including the dependant’s current assets and means, the assets and means that the dependant is likely to have in the future, and the dependant’s needs in light of the dependant’s accustomed standard of living. Although the Rules do not prescribe the manner by which an applicant should place before the court evidence on these matters, applicants are encouraged to include in their application material comprehensive listings of the dependant’s assets and liabilities, as well as information about the dependant’s income and expenses.

G. Family Law Act Elections

52. An application for the extension of time to make an election under s. 6(1) of the Family Law Actregarding the interest of a spouse under section 5(2) of that Act should be brought on the Estates List.

H: Mandatory Mediation – Rule 75.1

53. Rule 75.1.02(1) stipulates that mandatory mediation applies to the following proceedings:
54. contested applications to pass accounts;
55. formal proof of testamentary instruments;
56. objections to the issuance of a certificate of appointment of estate trustee;
57. the return of a certificate of appointment of estate trustee;
58. claims against an estate;
59. proceedings under Part V of the Succession Law Reform Act;
60. proceedings under the Substitute Decisions Act, 1992;
61. proceedings under the Absentees Act, the Charities Accounting Act, the Estates Act, the Trustee Act,or the Variation of Trusts Act;
62. applications under Rule 14.05(3), whether the matters at issue relate to an estate or trust; and
63. proceedings under s. 5(2) of the Family Law Act.
64. In a matter involving a contested passing of accounts, parties should be prepared to deal with the issue of directions for mandatory mediation on the initial return date specified in the notice of application.
65. In all other matters, motions for directions for the conduct of a mandatory mediation session, normally, should form part of, or be combined with, a motion for directions under Rule 75.06. Mediation orders on which there is consent may be obtained at a 9:30 a.m. scheduling appointment.
66. In addition to addressing the matters set out in Rule 75.1.05(4), an order giving directions for mediation should, where appropriate, address any further direction the parties require in advance of the mediation session in order to ensure a productive mediation session.

I. Pretrial Conference and Trial Dates

57. Pretrial conferences must be held in all matters proceeding to trial on the Estates List. Dates for pretrial conferences and trials must be obtained from the Team Lead Judge or their designate at the time the proceeding is set down for trial.
58. If the parties seek to extend the time allotted for the pretrial settlement conference, they may book a 9:30 a.m. scheduling appointment to seek a date for a longer pretrial conference.
59. At least five days prior to the date of a pretrial conference, each party must serve and file with the Estates Office an Estates List Pretrial Conference Form.

E.7 Material for the Court’s Use

A. General Requirements

60. Parties are strongly encouraged to file and upload to Case Center any material for use by the court earlier than the dates specified in the Rules. This is especially important for more complex hearings. The moving party must file all material and upload it to Case Center at least seven days before the hearing. The responding party must file all material at least four days before the hearing. All material, indices, and footnotes, including motion and application records, compendia, facta, and briefs of authorities, must be hyperlinked in Case Center.
61. Application/Motion Confirmation Forms must clearly specify the material that each party asks the court to read for use on the application/motion and specify the matters to be addressed.
62. Many proceedings on the Estates List involve multiple attendances before the court. Over time, the material can become voluminous. Parties are reminded that the Rules require that the application and motion records used at a hearing must contain allmaterial that the parties intend to use on that particular hearing, and all such material should be uploaded to the Case Center bundle designated for that hearing.
63. Parties are discouraged from relying on material used at previously disposed of hearings in a proceeding. If a party intends to do so, the party must ensure that the relevant material has been uploaded to the Case Center bundle for the current hearing and available for the judge in advance of the hearing. It is the responsibility of the parties, not the Estates Office or the judge, to ensure that material from previously disposed of the hearings, including endorsements, are available for the current hearing.
64. Where a proceeding will involve multiple attendances before the court, the judge hearing the matters in the proceeding should have access to all previous endorsements, orders, reasons for decision, and judgments. The party bringing the proceeding is responsible for uploading to Case Center all such material in the “Orders and Endorsements” folder on Case Center within five days of issuance.

B. Compendium of Documents

65. In appropriate cases, to supplement any required formal record, parties should consider preparing a compendium of the key documents to be referred to during oral argument (fair extracts of documents, transcripts, previous orders, authorities, etc.) to assist in focussing the case for the court. Relevant portions of the compendium should be highlighted or marked. The compendium should have an electronic index that is hyperlinked to pinpoint the page reference in the material that the court will be directed to in Case Center during the hearing. Parties are encouraged to confer and to prepare a joint compendium, if possible.
66. The court encourages the use of diagrams, family trees, lists of persons involved, corporate organization charts, point-form chronologies, and other synopses of complex or technical evidence.

C. Factums, Short Statements of Issues, Aide-Memoires

67. For applications, the Rules require that each party file a factum for use at the hearing. Unless leave is obtained to file a longer factum, the factum must not exceed 25 double-spaced pages. Reply factums, where permitted, should not exceed five pages and must be restricted to new matters not previously addressed in the factum.
68. Under the Rules, factums are not mandatory on the hearing of a motion; however, parties are reminded that factums are of great assistance to the court where the motion is contested or where an understanding of a significant volume of material will be required in order for the court to rule on an unopposed matter. In appropriate cases, filing an aide-memoire, a short or point-form statement of issues, facts and/or law may assist the court in better understanding the issues on the motion. An aide-memoire should not exceed five pages. An aide-memoire is not evidence.

D. Sealing Orders

67. Where the relief sought on the motion or application includes a sealing or non-publication order, public, redacted motion or application material shall be delivered in the usual manner. Confidential appendices, or the material in respect of which a sealing order is sought, shall be provided to the judge hearing the motion or application through the Estates List Office, or upon the court’s direction. Such material shall not be filed with the Estates List Office or uploaded to Case Center unless and until so directed by the judge hearing the matter.
68. Sealing orders will only be granted if the presiding judge is satisfied that it is appropriate to do so having regard to the applicable test. See also the Superior Court of Justice’s policy regarding requests for publication bans as set out in Section H of Part VI of the court’s Consolidated Provincial Civil Practice Direction.  According to the Provincial Civil Practice Direction, any person seeking a discretionary publication ban in a proceeding before the Superior Court of Justice must (i) serve and file a formal notice of application/motion, and (ii) provide notice to the media using the publication ban notification system established by the court. See: Publication Ban Requests in the Superior Court of Justice.
69. Typically, an Estates List judge who grants a sealing order will require as a term of that order that counsel provide a hard copy of the sealed material to the Estates List Office in a sealed envelope marked: “Confidential: not to form part of the public record subject to further order of this court”.

E. Evidence at Trial

72. In appropriate circumstances, the court permits the use of sworn witness statements at trial in substitution for the examination-in-chief of witnesses, in whole or in part. Where sworn witness statements will be used, they must be exchanged with all other parties and counsel well in advance of the hearing. Unless a prior order is made, the witnesses should be available for cross-examination at the trial.

E.8 Matters Without a Hearing

73. Judges on the Estates List deal with a variety of applications and motions without a hearing. The most common applications involve requests to dispense with administration bonds and unopposed applications to pass of accounts. It is important that a party filing an ex parte application or motion in writing ensure that the record filed contains all the information and evidence required by statute, the Rules, any relevant orders made in the matter, as well as clear and comprehensive sworn evidence in support of the relief requested.
74. The filing requirements for requests to dispense with administration bonds are set out in Re Henderson Estate, 2008 CanLII 69136 (ONSC) and the Rules.
75. Two copies of the draft order sought must be filed with the ex parte application material.

E.9 Costs

76. Parties are reminded that the traditional practice of awarding costs in estate litigation to all parties out of the estate has been tempered by jurisprudence relating to the conduct of parties and their relative success in the litigation. Parties are expected to be aware of this jurisprudence and to be prepared to make submissions with respect to its application in particular cases.
77. For motions and applications, parties must upload a costs outline to Case Center in advance of the hearing, deliver a copy to opposing counsel, and be prepared to address costs at the conclusion of the hearing.

E.10 Settlements Affecting Parties under a Disability

78. The partial or full settlement of a claim made by or against a person under disability requires the approval of a judge under Rule 7.08. Often the implementation of such a settlement will require the appointment of a guardian of property under Parts I and III of the Substitute Decisions Act, 1992or section 47 of the Children’s Law Reform Act. See Part V, section D, above.

A. Settlement of Estates List Proceedings

79. Where the settlement of a proceeding on the Estates List requires court approval, the motion for approval of the settlement and the application for the appointment of a guardian of property should be brought before a judge on the Estates List.

B. Settlements of Other Civil Proceedings

80. Where the settlement of any other civil proceeding (e.g., personal injury actions) will require the appointment of a guardian of property for a person under disability, the application for the appointment of a guardian must be brought on the Civil List. However, where the settlement occurs during the trial or pretrial conference of a civil matter, the trial or pretrial judge may deal with the application to appoint a guardian of property where the circumstances make it more practical to do so. See Part V, section D, above.
81. Where the settlement involves a person under disability, in most circumstances, the application to appoint a guardian of property should be brought on the Civil List prior to the filing of a motion for approval of the settlement so that an authorized person has been appointed to receive any settlement funds on behalf of the party under disability prior to the approval of the settlement.

F. Commercial List Matters

Effective June 15, 2023 and further amended as of May XX, 2025, this Practice Direction applies to matters on the Commercial List in the Toronto Region. This Practice Direction was originally effective July 1, 2014, and is consolidated as of June 15, 2023. However, counsel and parties are advised to refer to the Consolidated Civil Provincial Practice Direction revised any other relevant Notices to the Profession or Toronto Region-specific Notices and Guides. To the extent there is any inconsistency between this Practice Direction and the general Consolidated Civil Provincial Practice Direction with respect to the conduct of matters on the Commercial List, this Practice Direction shall govern.

F.1 Introduction

The Commercial List was established in 1991 for the hearing of certain actions, applications and motions in the Toronto Region involving issues of commercial law and bankruptcy and insolvency matters. The special procedures adopted for the hearing of matters on the Commercial List expedite their hearing and determination and have been met with considerable approval. The ability of the Commercial List to continue to adjudicate commercial, bankruptcy and insolvency matters effectively and efficiently depends to a significant degree on the continued cooperation of the commercial bar and its familiarity and compliance with this Practice Direction. All participants in matters on the Commercial List are expected to know and follow this Practice Direction. Bringing matters on the Commercial List remains, in the first instance, voluntary, except for the matters marked with an asterisk in Part II below.  Applicants and plaintiffs may continue to set down for hearing any other matters that qualify for the Commercial List either on the Commercial List or on the general Civil List of the Ontario Superior Court of Justice. A continuous re-evaluation process by the Court and the Commercial List Users’ Committee (“CLUC”) determines whether: (i) other matters should be added to those that may be listed on the Commercial List; or (ii) its procedures should be further modified or continued. This Practice Direction governs the conduct of matters on the Commercial List, subject to further amendments as required and subject to the Rules of Civil Procedure and any other applicable Practice Direction.

F.2 Matters Eligible for the Commercial List

1. Matters that may be listed on the Commercial List are applications, motions and actions that at their core involve the following (matters marked with an asterisk are mandatory and must be brought on the Commercial List in the Toronto Region):
   1. *Bankruptcy and Insolvency Act;
   2. Bank Act, relating to realizations and priority disputes;
   3. Business Corporations Act (Ontario) andCanada Business Corporations Act;
   4. *Companies’ Creditors Arrangement Act;
   5. Limited Partnerships Act;
   6. Pension Benefits Act (Ontario) andPension Benefits Standards Act, 1985 (Canada);
   7. Personal Property Security Act;
   8. *receivership applications and all motions related to the receivership proceeding;
   9. Securities Act;
   10. *Winding-Up and Restructuring Act;
   11. Credit Unions and Caisses Populaires Act, relating to credit unions and caisses populaires under administration or that are being wound up or liquidated;
   12. suitably complex matters relating to appeals from domestic arbitration awards under the Arbitration Act, 1991 (Ontario) and/or the enforcement of international arbitral awards under the International Commercial Arbitration Act, 2017(Ontario) and the Commercial Arbitration Act (Canada); and
   13. such other commercial matters as the Commercial List Team Lead may direct to be listed on the Commercial List.
2. In considering whether to make a direction under sub-paragraph 1) m), the Team Lead may take into account the current and expected caseload of matters listed on the Commercial List.

F.3 Judges, Court Officials, Courtrooms and General Procedures

3. The Commercial List shall be administered through the facilities of the Commercial List Office, 9th Floor, 330 University Avenue, Toronto M5G 1R7 E-Mail: csd.to.scjcom@ontario.ca.
4. Matters listed on the Commercial List shall usually be heard in 8^thfloor courtrooms at 330 University Avenue, Toronto. Short matters, including scheduling appointments and case conferences, and matters scheduled for a hearing of 90 minutes or less, will continue to be conducted via Zoom. Matters scheduled for a hearing of more than 90 minutes will continue to proceed in-person at 330 University Avenue unless the presiding judge orders otherwise.
5. Counsel are expected to be gowned for appropriate matters, whether the hearing is being conducted virtually or in-person. In particular, and consistent with the Notice to the Profession and Parties-Toronto Region, Part E, and subject to the discretion of the Commercial List judge hearing a particular matter, counsel are not required to be gowned to appear on scheduling appointments and case conferences, and generally those matters that if conducted in person, would be addressed in Chambers. For greater certainty, counsel are required to be gowned for any contested or substantive matter, regardless of the length of the attendance or mode of hearing (zoom or in-person). The Notice to the Profession and Parties-Toronto Region, Part E addresses accommodations for personal circumstances, such as pregnancy or disability, which will be followed by the Commercial List.
6. The availability of remote hearings for short, non-contested or scheduling matters, or other matters directed to be heard virtually by the presiding judge, is intended to maximize efficiency. It is not intended to compromise the requirements of dress and decorum. Counsel, parties and witnesses are reminded of their obligations to continue to respect the institution of the Court, proceed as if the matter were in-person and are reminded of the prohibition on recording proceedings contained in s. 136 of the Courts of Justice Act.
7. If counsel or the parties are aware that a judge sitting on the Commercial List should not hear a particular matter (i.e., due to a potential conflict), the Commercial List Office should be advised in advance of the hearing and as early as possible.
8. Cooperation, communication and common sense (the “Three Cs”) shall continue to be the Commercial List principles of operation.

F.4 Originating Process

9. Actions and applications under sub-paragraphs 1 a) to l) intended to be listed on the Commercial List may be issued through the Commercial List Office. Otherwise, all originating processes shall be issued from the appropriate office of the Ontario Superior Court of Justice as provided in the Rules of Civil Procedureand the applicable Practice Direction(s) for that Region and Court.
10. Motions to have matters commenced and issued on the Commercial List under sub-paragraph 1 m) should be accompanied by the consent of counsel for all parties and a completed Request Form. It is incumbent upon counsel to provide cogent reasons for any matter in paragraph 1 to be listed on the Commercial List that is not marked with an asterisk to be mandatory for issuance on the Commercial List.
11. For all applications, an initial return date must be obtained from the Commercial List Office or selected by counsel in conformity with the provisions of this Practice Direction (as described in Part VIII below).

F.5 Place of Hearing

12. Only Toronto Region matters can be listed on the Commercial List (unless, for special reasons, authorization is given by the Commercial List Team Lead). Aside from urgent insolvency matters, there should be a material connection to the Toronto Region over and above the location of counsel. Matters listed on the Commercial List shall only be heard in Toronto. It is incumbent upon the party that is seeking to issue or transfer any matter on the Commercial List to identify the connection to Toronto.

F.6 Applications for Transfer to/from the Commercial List

13. Mandatory matters that must proceed on the Commercial List (i.e., those Toronto Region matters referred to above at subparagraphs 1 a, d, h and j), are expected to be commenced on the Commercial List by issuance of originating process through the Commercial List Office.
14. Mandatory matters commenced on the general Civil List may be transferred to the Commercial List by the Commercial List Office staff if the transfer is on consent of all parties, a Request Form and Case Timetable are fully completed, and the matter is a Toronto Region matter which clearly falls within sub-paragraphs 1 a), d), h) or j) above.
15. Non-mandatory Toronto Region matters which may be eligible for the Commercial List must be approved for issuance on, or transfer to, the Commercial List. Such approval is to be sought by way of motion in writing to the Commercial List Team Lead or another designated judge sitting on the Commercial List. Motions to have matters transferred to the Commercial List should be accompanied by the consent of counsel for all parties and a completed Request Form. It is incumbent upon counsel to provide cogent reasons for the non-mandatory matter to be transferred to the Commercial List.
16. A matter may be provisionally transferred to the Commercial List by a judge who is hearing the matter or a proceeding in the matter but who is not sitting to hear matters on the Commercial List, with the consent of all parties appearing. Such provisional transfer shall be for the purpose of bringing a motion for transfer before a judge of the Commercial List by one of the parties or as the judge may direct.
17. Originating process (usually a Notice of Application) may be issued by the Commercial List Office where appropriate according to the criteria set out above, to be returnable on a date to be fixed by the Commercial List Office following a scheduling conference.

F.7 Court Documents

18. The name of the Court in the title of proceedings of matters listed on the Commercial List shall be: “Ontario Superior Court of Justice – Commercial List”. All Notices of Application and Notices of Motion involving the Commercial List shall state that the application or motion will be made to “a judge presiding over the Commercial List at 330 University Avenue, Toronto”.
19. A Request Form is required to schedule any hearing. All parts of a Request Form must be completed for all cases and for each proceeding (including scheduling and case conference matters, matters to be added to the Commercial List and all other attendances) and the form must be signed by all counsel or an explanation for not doing so must be given. If all counsel cannot sign the same form, they may sign individual copies. Completed Request Forms shall be emailed to the Commercial List Office at to.scjcom@ontario.ca.
20. Copies of the current Request Forms are appended to this Practice Direction and are also available from the Commercial List Office. Note that there are two different Request Forms to be used: the Chambers Request Formis to be used to schedule an appointment for a matter already on the Commercial List, while the New Matter Request Form is to be used to schedule an appointment in respect of a matter sought to be issued on or transferred to the Commercial List.
21. A Case Timetable Form should be completed for all matters being case managed or where a case timetable is requested. If this cannot be done before the matter is first spoken to (it being recognized that the schedule may depend on the setting of a hearing date), a Case Timetable should be agreed among counsel as soon as possible thereafter and a copy should be filed in advance of the next scheduling appointment or case conference or provided to the supervising judge in accordance with their direction. A copy of the current Case Timetable Formis appended to this Practice Direction and may be obtained from the Commercial List Office.
22. If the parties cannot agree on a schedule, they should attend before a supervising judge in chambers (see Part X below). It is expected that preliminary procedures shall be completed sufficiently in advance of the deadline dates to allow for consideration of the matter by counsel and for some subsequent slippage in the timetable. If a step is not completed in accordance with the Case Timetable, counsel are expected to get the matter back on schedule as soon as possible, and should recognize that there may be cost consequences for the failure to comply with a Case Timetable.

F.8 Dates for Applications, Motions and Trials

23. The Commercial List Office shall maintain the Commercial List. Subject to the provisions of this Practice Direction, the office staff, acting under the direction of a supervising judge, may assign initial hearing dates for matters other than trials.
24. A supervising judge may assign initial hearing dates for matters not assigned by the office staff at a 9:30 a.m. scheduling appointment. Trial dates may be obtained only from the Commercial List Team Lead or other designated judge sitting on the Commercial List.
25. For trials and trials of issues, including summary judgment motions, a request to set a hearing date shall be made to the Commercial List Team Lead or another designated judge sitting on the Commercial List by motion or at a case conference. At the scheduling conference with the Team Lead or designate, counsel and parties must be prepared to provide the particulars of the matter sought to be scheduled, including a completed Trial Hearing Requirements Checklist with a draft trial schedule.
26. For all scheduling appointments, counsel must provide a list of three mutually convenient hearing dates from which the judge may select. Counsel are expected to check with the Commercial List Office for available dates immediately prior to the scheduling appointment and to have conferred with each other and their own schedules in advance of the scheduling conference. Directions to counsel apply equally to self-represented litigants in matters on the Commercial List. Counsel shall assist self-represented litigants on any matter in which counsel is appearing by referring them to the applicable Rules and this Practice Direction.
27. Except where special circumstances otherwise require, in selecting a return date for a matter, counsel are expected to allow reasonable time for all preliminary steps to take place before the return date. Counsel are expected to consult among themselves in this regard so that matters can be dealt with on the scheduled return date.
28. Counsel may specify the return date for a matter as “on a date to be established by the Commercial List Office” if there is no agreement on the return date.
29. The Court will also hear matters where there are immediate and significant financial or other consequences or impacts which may result if there is no judicial hearing on a timely basis. The Commercial List judges will use their discretion to determine whether a matter should be heard urgently. The same process will be applied to determining the urgency and time sensitivity of new matters. Matters that fall into the following categories may fall into the urgent or time-sensitive matters and be heard:
    1. Initial Orders under the CCAA;
    2. CCAA stay extensions;
    3. Receivership Applications;
    4. Plans of Arrangements;
    5. Injunctions, including Marevainjunctions, Anton Piller orders and/or Norwich orders;
    6. Approval and Vesting Orders; and
    7. Urgent contested bankruptcy applications, and/or BIA proposal stay extensions.

F.9 Estimates of Required Time

30. A realistic estimate of the time required for hearing the matter must be stated in the Request Form. If such an estimate cannot be given on the initial return of a matter, the Request Form must be appropriately amended when the matter is subsequently re-scheduled. If all parties do not sign the Request Form, the initial return of the matter shall be for only a 15-minute scheduling appointment. Once established, counsel should allocate the estimated hearing time appropriately among themselves, failing which the Court shall assume that counsel have agreed to an equal division of time. If the time estimates in the Request Form become obsolete, then it is to be revised by notice to the Commercial List Office, giving the reason for the change. The Court expects counsel to adhere to their time estimates. The Court schedules matters based on those estimates, and the failure to adhere to the time allotted for a matter may, in the presiding judge’s discretion, result in the adjournment of all or part of the matter. The Court may attempt to fix not only the date, but also the time, of the hearing, in appropriate situations. This shall require the cooperation of all counsel to correctly estimate the time required for their matters, to complete them within the time previously scheduled and to minimize wasted time for all concerned.

F.10 Chambers Matter

31. Chambers matters may be scheduled through the Commercial List Office before Commercial List judges to be conducted via Zoom beginning at 9:30 a.m. on each day to deal with scheduling, consent, urgent or ex parte, matters. Generally, chambers matters will proceed by way of:
    1. Scheduling appointments – not to exceed 15 minutes; or
    2. Case Conferences – typically 30 – 60 minutes.
32. The Request Form and consent proposed timetable (or where there is no consent, alternative proposed timetables) are to be provided together with a brief outline (of no more than 3 pages) of the issues about which directions are sought and, where appropriate, the issues or topics of dispute to be addressed and possibly decided at the Case Conference (“Aide Memoire”).

Note: Case Conferences do not include Settlement Conferences (or “judicial mediations”), which are addressed separately below.

33. Where Chambers matters are particularly urgent, and in the discretion of the Commercial List judge hearing the matter, chambers appointments may be scheduled at other times of the day, including before or following the usual Court sitting day.
34. Ex parte matters on the Commercial List will be rare, particularly for Chambers matters. Counsel shall be required to justify the reason for not notifying the responding parties. In most cases, notice shall be required, particularly if the matter is part of an ongoing dispute and there is counsel known to be representing the respondents, even if in respect of other matters.
35. Judges of the Commercial List may conduct Case Conferences pursuant to Rule 50.13 to address matters contemplated in Rule 50.13 with respect to case management and scheduling issues, and also to explore methods to resolve contested issues in the form of a “judicial mediation”. As provided in subrule 50.13(1), such case conferences may be scheduled by a judge of the Commercial List on his or her own initiative or at the request of any party.
36. Counsel should request a “judicial mediation” only at in appropriate point in a proceeding where it is reasonably likely that a settlement of the matter, in whole or significant part, is likely to be achievable. A “judicial mediation” may only be scheduled by the Commercial List Team Lead or another designated judge, who shall take into account available Commercial List resources.
37. Request Forms, Case Conference Aide Memoires and Settlement Conference Briefs are to be filed electronically with the Commercial List Office no later than 2:00 p.m. two days prior to the hearing to which the document relates.

F.11 Adjournments and Settlements

38. Counsel shall be ready to proceed with matters for which hearing times have been agreed to or set; adjournments of previously scheduled matters shall be granted only in special circumstances and for a material reason. The Commercial List continues to derive efficiency in part from the fact that it is a court of non-adjournment. As a general rule, matters are expected to proceed on the merits once scheduled. Counsel are expected to have sought to resolve most adjournments and waiting periods among themselves before a hearing, in a way which minimizes inconvenience and difficulty for the parties. Parties are expected to have retained counsel promptly, and requests for adjournments because counsel have not been retained promptly or because new counsel have been retained just prior to the hearing shall be dealt with accordingly.
39. Applications for adjournments on consent should be forwarded to the Commercial List Office or, if directed by the supervising judge, shall be spoken to at the next available 9:30 a.m. sittings. Counsel are expected to ensure that adjournments are sought at the earliest opportunity, so that time is not blocked which could be used for other matters. It is expected that the first counsel to speak to a proposed adjournment shall be in a position to outline the position of other counsel appearing.
40. If an adjournment of a previously scheduled matter is to be sought or appears likely to be required, the Commercial List Office must be alerted as soon as possible to accommodate rescheduling of another matter or alerting counsel on standby matters.
41. If a matter is adjourned to permit the continuation of realistic settlement discussions and the matter is not settled within a reasonable time, the parties shall arrange to attend on a case conference to set a timetable for remaining steps to ready the matter for a final adjudication on the merits.
42. Counsel on Commercial List matters are expected to canvass the matter of settlement conscientiously and continuously, and to advise promptly of all concluded settlements or matters which are reasonably likely to settle, so that other matters may be rescheduled. Counsel for the Court Officer or, where one has not been appointed, one counsel designated by all parties may email the judge assigned to their matter after regular business hours for the sole purpose of informing the judge of a settlement or requested adjournment to avoid the judge having to prepare for a matter that will not proceed.

F.12 Judge to Hear Whole Matter

43. It is anticipated that a Commercial List judge who determines a substantive component of a proceeding will continue to hear all subsequent substantive components in that proceeding, if possible. Arrangements for these subsequent proceedings may be made directly with the Commercial List Office or during a case conference or scheduling appointment before that judge.

F.13 Case Management

44. It is expected that most matters of substance and of an ongoing nature on the Commercial List shall be subject to a form of case management by a supervising Commercial List judge who will preside over all aspects of the matter, where possible, through informal case management in the manner provided for in accordance with this Practice Direction. When a matter is transferred to the Commercial List, when the trial of an issue is directed or in any other matter where a party moves for case management and a Commercial List judge so directs, a specific case management judge may be appointed.
45. Where a Commercial List matter is subject to specific case management, a case conference (if not already held at the time of transfer or otherwise) shall be held with the case management judge no later than one month after the close of pleadings, or the date of the order directing the appointment of a specific case management judge, to determine a plan to process the case in a timely and reasonable fashion and to deal with any matters of a procedural nature which should be addressed at an early stage of the proceeding. The prospects for settlement should also be addressed. The results of a case conference will be recorded in a Case Timetable.
46. Counsel will be expected to have conferred among themselves, prior to the case conference, for the purpose of preparing a plan to process the case, including a discovery plan pursuant to Rule 29.1 and a Case Timetable, for review with the case management judge.
47. Case Conferences may be held at any time where the supervising judge considers it necessary for the proceeding’s efficient or orderly conduct. Case conferences may be scheduled by the supervising judge on his or her own initiative, or where one or more of the parties request a case conference.

F.14 Commercial List Motions before an Associate Judge

48. No Commercial List motions should be heard by an associate judge unless referred by a Commercial List judge, except for matters that are properly within the jurisdiction of an Associate Judge sitting as the Registrar in Bankruptcy.
49. Once there has been a referral from a Commercial List judge, counsel may book a short (two hours or less) Associate Judge motion. If the motion is for a half-day or longer, or if a series of motions are anticipated where it would be beneficial for one Associate Judge to be seized, no such motions shall be booked until an Associate Judge is assigned by the Team Leader–Toronto for Associate Judges. The assigned Associate Judge’s Registrar will then contact counsel to arrange for scheduling of the motion.

F.15 Motions for Summary Judgment

50. All motions for summary judgment are to be scheduled by the Commercial List Team Lead or another designated judge sitting on the Commercial List. Accordingly, case conferences for such motions should be made returnable before the Team Lead or another designated judge and should be scheduled for a minimum of 30 minutes. Parties and counsel shall come to this case conference prepared to address the scheduling matters, to the extent applicable, set out in para. 23 of this Practice Direction above.
51. Generally, a hearing date for a summary judgment motion will not in the ordinary course be scheduled until:
    1. The moving party has delivered its notice of motion and supporting evidence and the responding materials have been delivered, or the parties are otherwise sufficiently advanced in the preparation of the motion to crystallize the issues and the evidence relating to them;
    2. A case conference has been booked before the Team Lead or another designated judge, at which counsel must be prepared to address why a summary judgment motion is appropriate, whether there are concerns about partial summary judgment, whether there are issues of credibility or other facts in dispute that might require oral evidence to be heard on the motion in accordance with subrule 20.04(2.2), the length of time necessary for the hearing of the motion, judicial preparation time necessary and any other directions that may be required; and
    3. The judge hearing the case conference has directed that a motion date be booked. At such time, the court will provide directions on any applicable scheduling matters set out in para. 23 of this Practice Direction above.

F.16 Applications

52. It is expected that applications, which can require some oral evidence, will be managed in the same manner as motions for summary judgment described above, although they may be scheduled at a scheduling appointment or case conference convened before any judge sitting on the Commercial List.

F.17 Alternative Dispute Resolution and Pre-Trials

53. Resort to the techniques of “alternative dispute resolution” (ADR), where appropriate, is recognized and encouraged as an effective aid in the disposition of issues and matters on the Commercial List. For greater certainty, this includes third-party or private mediation, which is encouraged. Pursuant to subrule 24.1.04(2)(c), mandatory mediation does not apply to cases on the Commercial List. Note also the provisions above with respect to Settlement Conferences and judicial mediations.
54. It shall be the duty of the case management or supervising judge and the obligation of counsel to explore methods to resolve the contested issues between the parties, including the resort to ADR, whether at case conferences and on whatever other occasions it may be fitting to do so.
55. At any time, and particularly on the parties’ consent, the case management or supervising judge may refer any issue for ADR, as appears appropriate.
56. When a matter, or any issue within a matter, has been referred to ADR, counsel shall report to the case management or supervising judge at regular intervals as to the progress of the ADR proceedings. The timing of such reports shall be agreed upon between counsel and the case management or supervising judge.
57. The court may schedule intensive pre-trials for either entire cases or for significant matters within cases. These pre-trials should be booked through the Commercial List Office, with enough time for the matters in issue and the possibility of settlement to be canvassed thoroughly. At least five days before the pre-trial, each party shall deliver to the other parties a pre-trial brief containing:
    1. a concise statement of facts including the agreed facts and admissions;
    2. a concise summary of the issues;
    3. any outstanding procedural issues;
    4. the current settlement position of each party; and
    5. an updated Trial Hearing Requirements Checklist to reflect any developments since the trial scheduling conference.
58. A trial management conference, which is to be arranged by counsel at least two months before trial, is to be held to deal with arrangements for managing the trial or hearing.

F.18 Materials for use of Court

59. Materials filed for the use of the Court will be filed with the Commercial List Office and uploaded to Case Center within the time prescribed by the Rules or any agreed-upon or approved timetable. Early filing is recommended. Additionally, the party who initiated the case is responsible for inviting all other parties and counsel to the matter in Case Center.
60. Commercial proceedings that require any material to be filed to the Court shall be filed by:
    1. first, filing the materials through the Commercial List Office via email to to.scjcom@ontario.caor the Civil Submissions Onlineportal (except for bankruptcy matters to be heard by a judge or and associate judge sitting as the Registrar in Bankruptcy which must be emailed to Toronto.Bankruptcy.Filings@ontario.ca);
    2. second, by uploading documents into the Case Center document-sharing platform. The Court’s guide on using Case Center can be found here; and
    3. Commercial List Office staff will create a new Case Center Bundle for each hearing. It is the responsibility of counsel and the parties to ensure that all documents filed for a hearing are uploaded to the correct Bundle. Counsel and parties should not assume that the judge hearing the matter will have access to anything other than the current Bundle for that hearing. Accordingly, any materials previously filed in respect of an earlier step in a matter should be uploaded to the current Bundle if it is expected that they will be referred to at a hearing.
61. The required formal record shall be supplemented with a Compendium of the key materials to be referred to in argument (fair extracts of documents, transcripts, previous orders, authorities, etc.) to assist in focusing the case for the Court. This shall be composed of an electronic index that is hyperlinked to the pinpoint page reference in the material that the court will be directed to in Case Center or on CanLII during oral submissions. Counsel are expected to have consulted among themselves in the preparation of a joint Compendium. The Compendium shall contain only essential materials.
62. Even where a factum is not required by the Rules, those appearing on the Commercial List are expected to file a factum with their materials on any matter that is or might be contested. Even in uncontested motions or applications, an outline of argument or Aide Memoire should be filed to provide the presiding judge a roadmap or outline of the relief sought and the key arguments to be made at the hearing with reference to key authorities to support the request.
63. Any PDF document uploaded to Case Center shall not exceed 500 pages, and all records and submissions shall note on the cover page and the back page the nature of the proceeding for which the material is filed and the scheduled hearing date. When there is more than one affidavit of an individual filed in any proceeding, the affidavits are to be numbered sequentially.
64. The indexes to all materials in Case Center, including but not limited to Motion or Application Records, Compendia, facta and Authorities Briefs, must be hyperlinked to the source document or section referenced. Each party’s factum must also include hyperlinked authorities and footnotes.
65. Facta shall not, except with leave, exceed 25 pages in length. Shorter, concise facta are encouraged. Aide Memoires shall not exceed 3 pages.
66. Reply facta of up to five pages are permitted but shall be restricted to new matters not previously addressed in the factum of the Responding Party or Parties. A Reply factum shall not exceed five pages in length.
67. Books of Authorities that are not hyperlinked to CanLII shall be highlighted or side-barred to indicate the passages that will be referred to in argument.
68. Parties may file relevant excerpts of decisions from approved private electronic databases in their book of authorities. “Approved private electronic databases” are private databases that are dedicated to the publication of judicial decisions (e.g. Quicklaw, and Westlaw).
69. For decisions of the Ontario Superior Court of Justice released on or after January 1, 2010, parties should provide the neutral citation number (e.g. 2010 ONSC 1) in addition to the other required citations.
70. The Court encourages the use of diagrams, corporate organization charts, list of persons involved, point-form chronologies and other synopses of complex or technical evidence, where appropriate.
71. The prior preparation of draft orders for consideration by the Court at the end of a hearing will greatly expedite the issuance of orders. Where relevant model orders have been approved by the Commercial List Users’ Committee, a copy of the draft order blacklined to the model order and indicating all variations sought from the model order shall be filed. However, relief included in a model order does not mean that the same relief will necessarily be granted as part of any requested order. Rather, any requested relief is subject to the court’s determination based on the record before the court on any given matter.
72. It is common for applications and motions on the Commercial List to be capable of a fair and just adjudication based on a written record. Occasionally, there may be relevant issues in respect of which it is appropriate for parties and/or key witnesses to offer viva voceThis will not typically justify a conversion of an application to an action, nor will it typically justify a requirement that all witnesses testify through viva voce Rather, the requirement for viva voce evidence will be restricted to those witnesses and issues that require it as may be determined at a case conference in advance of the hearing, subject to the presiding judge’s discretion. The presiding judge will also determine all issues related to the mode of hearing, including whether some or all witnesses giving viva voce evidence should do so in a virtual or in-person format.
73. Where the relief sought on the motion or application includes a sealing or non-publication order, public, redacted motion or application materials shall be served and filed in the usual manner. Confidential appendices, or those materials in respect of which a sealing order is sought, shall be provided to the Commercial List judge hearing the motion or application either through the Commercial List Office or, upon the Court’s direction, via email to that judge directly. Such materials shall not be filed with the Commercial List Office or uploaded to Case Center unless and until directed by the judge hearing the matter.
74. Sealing orders will only be granted if the presiding judge is satisfied that it is appropriate to do so having regard to the applicable test. Counsel requesting sealing and confidentiality orders should be prepared to address the requirements for such orders and also to satisfy the judge that their request is not one that comes within the requirements of the Superior Court of Justice’s policy regarding requests for publication bans is set out in section (H) of Part VI of the Court’s Consolidated Provincial Civil Practice Direction. According to that Practice Direction, any person seeking a discretionary publication ban in a proceeding before the Superior Court of Justice must (i) serve and file a formal Notice of Application/Motion, and (ii) provide notice to the media using the publication ban notification system established by the Court.  See: Publication Ban Requests in the Superior Court of Justice.
75. Counsel should expect that a judge who grants a sealing order will require as a term of that order in most cases that counsel provide a physical copy of the sealed materials to the Commercial List Office in a sealed envelope marked: “Confidential and not to form part of the public Record subject to further order of this Court”.

F.19 Expert Witnesses

76. Counsel shall comply with requirements set out in subrule 53.03(1) and (2) so as to provide notice of the intention to call an expert witness, including delivery of a signed report which contains the information mandated by subrule 53.03(2.1) within the expert report. Counsel shall bring to the attention of their expert witness the duties of an expert set out in Rule 4.1. Best practice should include providing the expert with the language of Rules 4.1, as well as Rule 53.03 and subrules (1), (2) and (2.1).

F.20 Reasons for Decision

77. If an endorsement, order or decision is hand-written or dictated and not transcribed by the court, counsel for the plaintiff or moving party shall assist the court in preparing a typed draft and providing to the court the typed draft for editing by the judge, along with an electronic version of the draft and a copy of the hand-written version or dictation media, highlighting any passages which were difficult to read.

F.21 Costs

78. The Court will generally award and fix costs at the end of the hearing of a matter. Accordingly, counsel should be prepared to make submissions as to entitlement, scale and quantum at the conclusion of argument on all motions and applications.
79. Counsel should discuss in advance of the hearing the issue of costs. It is expected that, in most cases, they will be able to reach agreement on quantum, even if entitlement depends upon the outcome of the motion or application. In compliance with subrule 57.01(6), counsel shall prepare (and upload to Case Center) in advance of the hearing of a motion or application Costs Outline and/or Bill of Costs based on the factors set out in Rule 57.01.
80. The Commercial List judge hearing the matter has the discretion to defer the determination on costs until after the decision is rendered in the matter. This may occur where, for example, offers of settlement are relevant to the disposition of costs and should not be made available to the Court in advance of the matter’s hearing. In most cases, however, counsel should expect that the Court will include a costs disposition together with, and at the same time as, the matter’s disposition. Conversely, the Commercial List judge hearing the matter also my decline to make any order as to costs if a party has not complied with the Rules and this Practice Direction regarding costs.

F.22 Users’ Committee

81. A Commercial List Users’ Committee (“CLUC” or the “Committee”) has been established. It is composed of members of the judiciary who sit on the Commercial List from time to time, practitioners approved by the Court (usually through the Commercial List Team Lead) who are familiar with the operation of the Commercial List and whose candidacy may be suggested by relevant user organizations in conjunction with the Committee, and of a representative of Courts Administration from the Commercial List Office.
82. The names of the Committee’s members may be obtained from the Commercial List Office.
83. The Committee meets regularly to consider improvements to the Commercial List’s organization and operation, and to make recommendations to the Regional Senior Justice and the Chief Justice in that regard. The Committee welcomes suggestions, compliments and complaints from other practitioners who have had cases on the Commercial List. Communications may be sent to the Commercial List Office, which will direct them to the office of the Regional Senior Justice.

F.23 Enquiries

84. The Team Lead of the Commercial List may be contacted about the scheduling of trials, long matters and urgent matters. In such cases, it is expected that counsel shall give details of the matter, the urgency, if any, expected length and mutually convenient dates. A Request Form and Case Timetable may be used for this purpose.

F.24 Commercial List Forms

85. Current versions of the Request Forms (New Matters, Existing Matters and 0930/Chambers Matters), are appended to this Practice Direction and copies may also be obtained from the Commercial List Office or on the Commercial List website https://www.ontariocourts.ca/scj/practice_directions/consolidated-practice-direction-toronto-region/.

F.25 Frequently Cited Cases in Commercial Proceedings

86. An Authorities Book for Commercial List matter containing frequently relied on cases has been developed and approved for use in matters assigned to the Commercial List. There will be additions to, and deletions from, the list from time to time. The Authorities Book is available on the Court’s website here.
87. The cases in question appear on this list under various headings or topics which are not in any way intended to provide legal advice.
88. If counsel or parties are relying on an authority that is contained in the Authorities Book, it need not be reproduced as part of the materials filed for the matters before the Commercial List

F.26 Protocol Concerning Court-to-Court Communications in Cross Border Cases

89. The Commercial List has approved the adoption for matters on the Commercial List and is a formal signatory to the Guidelines for Communication and Cooperation between Courts in Cross-border Insolvency Matters(“Guidelines”) prepared by the Judicial Insolvency Network (”JIN”) and adopted at the JIN Conference of October, 2016 together with the Modalities of Court-to-Court Communication adopted at the JIL Conference of April, 2019.
90. The Guidelinesfocus on the principles of court-to-court communication, while the Modalities focus on the mechanics for initiating, receiving and engaging in such communication. The Guidelines are available at: https://jin-global.org/content/jin/pdf/Guidelines-for-Communication-and-Cooperation-in-Cross-Border-Insolvency.pdf. The Modalities are available at: https://jin-global.org/modalities.html. Other signatory jurisdictions, the list of which continues to expand, include the Supreme Court of British Columbia, the United States Bankruptcy Court for the District of Delaware, the United States Bankruptcy Court for the Southern District of New York, and the Chancery Division of England and Wales.
91. The Guidelinesand Modalities have already been applied, and will continue to be applied, to international insolvency cases on the Commercial List. It is expected that these Guidelines and Modalities will continue to facilitate cooperative procedures for insolvency proceedings and other types of commercial disputes involving cross-border proceedings where court-to-court communications might facilitate in harmonizing proceedings to help ensure consistent results and increase efficiency.
92. The Guidelinesand Modalities will only be applied in specific cases following adequate notice to the parties.
93. Although the Guidelinesand Modalities were prepared for court-to-court communications as between courts in Canada and the United States, the Commercial List endorses their application in court-to-court communications between Canada and other countries, and as between Ontario and the other provinces and territories. All counsel appearing on the Commercial List in cross-border and international insolvency cases should be familiar with the Guidelines and the Modalities and be prepared to conduct the matter according to those requirements as may be directed by the supervising Commercial List Judge.
94. Counsel and/or the parties should ensure that any issues concerning the confidentiality of materials to be transmitted by the Commercial List to another jurisdiction, including the deemed undertaking rule, Rule 30.1 of the Rules of Civil Procedure, be addressed when consideration is given by the court to the transmittal of evidentiary or written materials from the Commercial List to another court. The Guidelinesare to apply only in a manner that is consistent with the Rules of Civil Procedure and the practice in this jurisdiction.
95. The Commercial List confirms, as noted in the Guidelines, that the Guidelinesand Modalities are not meant to be static but, instead, are meant to be adapted a modified to fit the circumstances of individual cases, and to change and evolve as experience is gained from working with them.

Appendix A.

• Case Timetable
• Chambers Request Form
• New Matter Request Form
• Trial Hearing Requirements Checklist

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

G.1 General Procedures

1. Associate Judges sitting as Registrars in Bankruptcy will hear all bankruptcy matters virtually, in writing, by teleconference or video conference. In exceptional cases, Associate Judges sitting as Registrars in Bankruptcy may exercise their discretion to determine whether a matter should be heard in-person, on a case by case basis.
2. The party shall email the Bankruptcy Court office at toronto.bankruptcy@ontario.cawith details about a matter they wish to have heard in writing, by teleconference or by videoconference. The email shall contain in the subject line the bankruptcy/estate file number and name of the bankrupt. The party will attach a completed Hearing request form. The party shall advise of the 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.

G.2 Conduct of Matters In writing, by Teleconference or by Videoconference

1. The types of matters as enumerated in paragraph F.7 herein shall be heard in writing.
2. 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, excepting matters where there are alleged conduct issues or section 173 (c), (d), (e), more than two (j), (k) and (l) BIA facts, in which case such matters shall be heard by videoconference.
3. Trustees’ applications for discharge shall be heard in writing.
4. 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 email the materials and a request form to the Bankruptcy Court office at toronto.bankruptcy@ontario.caand request that the taxation be scheduled for the next available date. The following documents should be included in filings and uploaded to the Case Center platform at least 5 days in advance of the hearing:
   1. Statement of Receipts and Disbursements (SRD) – each taxation submission should have (1) the record containing required documents for review, and (2) a separate PDF copy of the SRD, including Dividend Sheet, 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. The following documents shall not be included in these filings at this time:
      • Duplicate copies of documents;
      • Scans of forms that are blank, incomplete, or not filled in, or blank pages after tabs;
      • Copies of documents, notices or reports in connection with the discharge of the bankrupt; and
      • Affidavits of service proving service of the initiating bankruptcy documents.
   8. All other motions may be heard by teleconference and videoconference at the request of the parties.
   9. All other bankrupts’ applications for discharge shall be heard by videoconference. Associate Judges sitting as Registrars in Bankruptcy may exercise their discretion to order bankrupts’ applications for discharge to be heard in person.
   10. The Bankruptcy Court has available teleconference and videoconference lines, some with recording capabilities. If required, Associate Judges sitting as Registrars in Bankruptcy may ask counsel to provide videoconference facilities.
   11. Associate Judges sitting as Registrars in Bankruptcy expect counsel to follow the three Cs of the Commercial List: cooperation, communication and use of common sense, particularly in terms of scheduling.

G.3 Materials for Hearing

1. For each individual matter, parties shall email all relevant materials and documents necessary for the hearing to the Bankruptcy Court office at toronto.bankruptcy@ontario.caand the email shall contain in the subject line the bankruptcy/estate file number and surname of the bankrupt. As applicable, the parties shall also upload the relevant materials and documents to the Case Center platform at least 5 days prior to the hearing date. Caselaw and other source materials referenced in a factum should be hyperlinked. Where hyperlinks are provided, the parties need not file a Book of Authorities. Associate Judges sitting as Registrars in Bankruptcy will ask for further materials if necessary.
2. All materials and documents necessary for the hearing shall be saved and emailed using the standard document naming protocol set out in the Consolidated Provincial Practice Directions.

G.4 Affidavits

1. Parties are directed to O. Reg. 431/20,Administering Oath or Declaration Remotely, under the Commissioner for Taking Affidavits Act and the Law Society’s Virtual Commissioning resource. The Bankruptcy Court will accept unsworn affidavits prior to the hearing on the condition that a sworn affidavit is provided prior to the hearing or the affiant is available at the teleconference to swear the contents of the affidavit.

G.5 Orders

1. Finalized draft orders requiring signing shall be emailed directly to the Bankruptcy Court office at toronto.bankruptcy@ontario.ca. The signed order will be electronically delivered to the party.

G.6 Issuing Bankruptcy Applications

1. The usual process will continue to be followed for issuing bankruptcy applications. The party shall email the Bankruptcy Court office with the application and request issuance. The Bankruptcy Court office shall provide an electronically issued application upon receipt of payment of the $150.00 issuance fee. A date for the hearing of the bankruptcy application to proceed in writing may be obtained on request by email to the Bankruptcy Court office at toronto.bankruptcy@ontario.ca.
2. Proof of service, which must be effected in accordance with the Bankruptcy and Insolvency Act, must be filed by email at toronto.bankruptcy@ontario.caand uploaded to the Case Center platform at least 5 days in advance of the hearing date.
3. If the application is on consent or unopposed, Associate Judges sitting as Registrars in Bankruptcy will deal with the matter in writing. If the application is opposed, Associate Judges sitting as Registrars in Bankruptcy will adjourn the matter to a Commercial List judge for scheduling.

G.7 Matters to be Heard In Writing

1. The following matters shall be heard by the Associate Judges sitting as 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 Associate Judges sitting as Registrars in Bankruptcy 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 a completed Hearing request formto the Bankruptcy Court office at bankruptcy@ontario.ca. If the estimated time for the hearing exceeds one hour, the party will also attach a completed Special Appointment Request Form. Once a hearing date has been set, the party shall email the materials to the Bankruptcy Court office and, as applicable, upload a copy of the materials to the Case Center platform at least 5 days prior to the hearing date.
3. Motions in writing shall be heard on specified dates as established by Associate Judges sitting as Registrars in Bankruptcy, or as soon after that date as the matter can be heard.
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 Actand the Rules of Civil Procedure. The moving party shall email the materials to the Bankruptcy Court office at bankruptcy@ontario.ca together with proof of service and, as applicable, shall upload copies to the Case Center platform at least 5 days prior to the hearing date.
5. Orders that are granted will be electronically delivered to the party upon disposition. The order is effective from its date.

G.8 Matters Previously Filed

1. If a party has previously submitted or filed matters of the nature that will be heard as outlined in this Notice and the party has not received a disposition, the party must resubmit these matters by email, in accordance with the procedure outlined in this Notice. Where possible, the party is requested to identify that such matter was previously filed and the filing fee paid, as appropriate.

H. Class Action Matters

H.1 Initiating a Class Action

A proposed Class Action that has been issued and filed with the Toronto Region civil court, may be requested to be assigned to Class Action Case Management Judge, by sending an email to: Toronto.ClassAction@Ontario.ca. Once assigned, parties will receive a notification email from the case management judge’s judicial assistant.

H.2 Hearing of Motions

1. Subject to approval at a case management conference, precertification, certification, and post certification motions may be heard in-writing, by audio or video conference or in-person.
2. All motion materials must be filed in searchable PDF format through the Civil Submissions Onlineportal.
3. The Civil Submissions Online confirmation email, along with the draft order as a Word document, shall be sent to the case management judge’s judicial assistant.

H.3 Case Management Conferences

1. The party requesting a case conference shall do so in writing by email to the case management judge’s judicial assistant. The email message should set out the available dates for the case conference and all the parties that will be attending.
2. The court will confirm the arrangements for the case management conference by return email.

H.4 Case Center

1. In addition to filing the documents through the Civil Submissions Onlineportal, all documents for use on a motion, whether the motion will be heard in writing or orally, shall also be uploaded to Case Center in accordance with Rule 4.05.3.
2. In accordance with Rule 4.05.3(3)(1), all materials uploaded to Case Center must first have been filed through the Civil Submissions Onlineportal. Parties may seek leave at a hearing to refer to documents on Case Center that they have submitted for filing through the Civil Submissions Online portal, but which have not as yet been accepted for filing by the Registrar.

H.5 Out-of-Town cases being case managed in Toronto Region

1. All out-of-town matters seeking to be case managed in the Toronto Region must obtain approval from the Team Lead, Class Actions, Toronto Region. A party may email this request to: ClassAction@Ontario.ca
2. Prior to attending any hearings held in the Toronto Region with the assigned case management judge, the parties shall submit their materials for the upcoming hearing through the Civil Submissions Onlineportal as a “NEW PROCEEDING”, to be assigned an out-of-town civil court file number.
3. Parties shall use the assigned Toronto Region out-of-town civil court file number for all scheduling and filing requests for the above-noted hearings in this section.

H.6 Instructions for Filing Class Action Proceedings

1. Please see the following linkfor further instructions for all filings mentioned in Section G.

I. Procedures for Actions Governed by the Construction Act

I.1. Procedures for Actions Governed by the Construction Act

1. The following procedures apply to actions governed by the Construction Actand motions brought pursuant to the provisions of the Construction Act, organized into the following subsections:

• Section 1: Construction lien matters properly before a judge
• Section 2: Construction lien matters properly before an associate judge

• • A: Booking procedures for appearance motions and other hearings before an associate judge
  • B: Motions properly brought in construction lien ex parte court
  • C: Special motion procedures/requirements:
    • Vacating liens by payment/posting security into court
    • Substituting/replacing lien security in court
    • Reduction or return of lien security in court
    • Lien expiry/discharge orders
    • Orders for trial following a judgment or order of reference
  • D: Material filing requirements for construction lien matters before associate judges

Section 1:  Construction lien matters properly before a judge

2. The following construction lien matters are properly brought before judges in Toronto, for which the procedures outlined in Section C apply:
   1. Trials in actions governed by the Construction Act that have not been referred to an associate judge.
   2. Motions for a judgment of reference or an order directing a reference, which must be made to a judge: Construction Act, 58(1).
   3. Motions to transfer a lien action to Toronto from a region outside of Toronto, which must be brought to the Regional Senior Judge or his designate in compliance with Part 1, Section I, paragraphs 47-51 of the Consolidated Civil Provincial Practice Direction. Such motions must include evidence on other liens and the position of all lien claimants (whether or not they are named parties in the lien action being transferred), or else evidence that the liens of such other lien claimants have been satisfied, released, or discharged.
   4. Other urgent and non-urgent motions made to a judge for which an associate judge does not have jurisdiction under the Construction Act. Motions within the jurisdiction of an associate judge are expected to be brought before an associate judge. When requesting a motion before a judge or filing a motion in writing to a judge, counsel/parties are expected to explain why the motion must be made to a judge.

Section 2:  Construction lien matters properly before an associate judge

3. The following construction lien matters are properly brought before a construction lien associate judge in Toronto:
   1. All motions for which jurisdiction under the Construction Acthas not been conferred only to a judge and for which no reference has been ordered.
   2. Matters that may be brought in construction lien ex partecourt, including motions to vacate liens by payment into court.
   3. All motions and other hearings in construction lien actions for which a reference to an associate judge has been ordered.

A.         Booking procedures for appearance and other hearings before an associate judge

4. This subsection applies to all motions and hearings proceeding in-person or remotely by either teleconference or videoconference before a construction lien associate judge, including:
   1. Motions and hearings for directions in construction lien actions that have not been referred to a specific construction lien associate judge;
   2. Motions and hearings in construction lien actions where a reference has been directed and a specific reference associate judge is seized.
5. Appearance hearings in non-Toronto lien actions or under non-Toronto court file numbers cannot be booked in Toronto Region absent specific judicial authorization to do so.
6. For all hearings where a specific construction lien associate judge is seized, including a motion or hearing within a reference, the booking party must identify the seized associate judge when requesting the hearing date and on any motion request form. It should also be indicated in the materials, preferably in the notice of motion for motions.  Failure to do so may result in adjournment of the hearing by the court.
7. Motions: The following procedures apply to scheduling an appearance motion before a construction lien associate judge:
   1. Before requesting a motion date, the moving party mustconsult or attempt to consult with all affected responding parties.  Requested dates for any appearance hearing that are mutually available for all affected parties must be clearly indicated.  Parties are expected to make every effort to consent to a date for the appearance motion with the court.
   2. Short motions: Motions that require two hours or less are booked as follows:
      1. Available dates for short motions are listed in Calendly. For motions where a specific construction lien associate judge is seized, such as motions brought within an existing reference, the date(s) on which the associate judge is sitting should be confirmed directly with that associate judge’s Assistant Trial Coordinator or by email to Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca prior to reserving a date.
      2. Requested short motion hearing dates must be reserved through Calendly at https://calendly.com/toronto-region prior to submitting a motion request form. Dates reserved through Calendly are not guaranteed until confirmed by the court.
      3. Only one party is required to complete the Calendly reservation process. It is the responsibility of the requestor to forward all confirmation and scheduling emails to other parties in the action so that all parties are aware of the date of their appearance. If parties are unable to consent to a date for their short motion despite best efforts, then the requesting party must indicate that the date is not on consent when completing the Calendly questions and advise all other parties that they have requested a date through Calendly.

1. To secure a motion booking, a Construction Lien Motion Request Formmust be completed and submitted as an attachment to an email sent to Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca, together with the reservation confirmation from Calendly.  The booking request will thereafter be reviewed to verify that sufficient motion time remains available on the selected date.  The motion will then be confirmed.
2. A case conference with the construction lien associate judge hearing the motion may be required to set a timetable.

1. Long motions: Motions that require more than two hours are booked as follows:
   1. Parties are required to complete a Construction Lien Motion Request Formand submit it as an attachment to an email sent to Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca.  Proposed dates for the long motion should be included.
   2. A construction lien associate judge will be assigned to hear the motion. If a specific construction lien associate judge is seized, including motions brought within an existing reference, then that must be indicated on the motion request form.
   3. All long motions typically require a case conference with a construction lien associate judge to determine the length of time required for the motion, set a timetable for steps to the motion hearing, and fix a motion return date.

1. Urgent and time-sensitive motions: Urgent or time-sensitive appearance motions are brought by following the same process outlined above, indicating urgency in the Construction Lien Motion Request Form and adding “Urgent” or “Time-Sensitive” (as applicable) to the subject line when submitting by email.  For short motions, if a date cannot be obtained from Calendly that accommodates the urgency or time-sensitivity, then the Construction Lien Motion Request Form may be submitted with an explanation for why a date has not been reserved.  A triage case conference with a construction lien associate judge may be required for urgent or time-sensitive appearance motions.

8. Trial management conferences: The following procedures apply to scheduling trial management conferences (hearings for trial directions) before a construction lien associate judge:
   1. Requests to schedule a trial management conference may be made directly to the assigned reference associate judge’s Assistant Trial Coordinator.
   2. If a judgment or order of reference has been obtained and no reference associate judge has been assigned, then a motion for an order to have a day, time and place fixed for the trial of the action must be brought: see paragraph 20 below.  The associate judge assigned to hear the first trial management conference in the order for trial will become the reference associate judge once the reference has been constituted at the first hearing.
   3. Adjournments of booked trial management conferences may be requested through the assigned reference associate judge’s Assistant Trial Coordinator. Adjournments require approval of the reference associate judge and may be subject to directions.
9. Settlement conferences: Settlement conferences before a construction lien associate judge are booked in accordance with the following procedures and requirements:
   1. Settlement conferences may only be requested in actions that have been referred to a construction lien associate judge and are subject to the court’s availability.
   2. Settlement conferences are presumptively conducted remotely by videoconference unless the court otherwise directs. Requests for an in-person hearing should be made when requesting the settlement conference.
   3. Provided that all parties consent to proceeding with a settlement conference, a request to schedule a settlement conference may be made by emailing the reference associate judge’s Assistant Trial Coordinator with requested available timeframes. Requesting specific dates is discouraged.  Priority is given to actions that are ready for trial scheduling or have been scheduled for trial.
   4. Directions for the settlement conference will be issued once a date has been approved by the reference associate judge and scheduled by the court. Adjournments of scheduled settlement conferences are rarely granted.  All parties attending are expected to participate with the full intention and authority to settle the case.
10. Construction lien reference trials: Trials in construction lien actions referred to an associate judge are scheduled directly with the reference associate judge. Prior to the hearing for directions on conduct of the trial, counsel and parties must discuss if they prefer an in-person or remote trial by videoconference, and if they have any issues, concerns, or objections to a remote trial.

B. Motions properly brought in construction lien ex parte court

11. The following motions are properly brought before an associate judge in construction lien ex parte court:
    1. Motions that may be brought without notice as provided in the Construction Act;
    2. Motions on consent of all affected parties and persons, including other lien claimants affected by the order sought; and
    3. Motions brought on an unopposed basis, where all affected parties and persons (including other affected lien claimants) have confirmed that they do not oppose the relief sought prior to the motion being brought.
12. Ex parte, consent and unopposed construction lien motions may be booked and brought as an appearance motion as outlined in subsection A above or brought in writing. Parties are encouraged to bring non-urgent ex parte, consent and unopposed matters in writing.
13. No motion captured by paragraph 11 above that is brought in writing will be heard until motion materials have been filed with the court, in bookmarked and searchable .pdf format, as follows:
    1. If there is an existing court file in respect of the lien (such as an action to enforce the lien), then the motion must be brought in that action, regardless of whether a Toronto file number has previously been assigned for any prior motion. If there is no existing action, then the court file number should be left blank and the court will assign a general court file number for the motion.
    2. For motions brought in a Toronto court file number, or motions where there is no existing action, all motion materials are to be filed through the Civil Submissions Online
    3. For motions in non-Toronto actions where leave is sought for the motion to be heard in Toronto, motion materials are to be filed only by email to AssociateJudges.ConstructionLienMatters@ontario.ca. The subject and body of the email must identify that the motion is brought in a non-Toronto action.  The motion materials and any endorsement must be filed at the courthouse where the action was commenced after disposition of the motion by a Toronto associate judge.
    4. All urgent or time-sensitive motions must be submitted with an explanation of the nature of the urgency or time-sensitivity, including any pending date(s), failing which the email submission may be rejected. In addition to submitting through the Civil Submissions Online portal, a copy of all materials for urgent or time-sensitive motions should be sent as attachments to an email marked “Urgent” and sent to AssociateJudges.ConstructionLienMatters@ontario.ca, together with the confirmation of submittal through the Civil Submissions Online portal. Urgent or time-sensitive motions submitted without confirmation of submittal may be rejected.
    5. Only motions in non-Toronto actions brought under subparagraph c and urgent or time-sensitive motions brought under subparagraph d are to be submitted by email. All other motions are to be submitted only through the Civil Submissions Online
    6. If the associate judge hearing a motion brought in writing determines that an oral hearing is required, then the motion may be adjourned to an oral hearing or the construction lien associate judges’ office may contact the moving party to arrange a hearing date/time.
14. For orders granted in a Toronto court file number that require issuing and entering on an urgent basis, they may be brought in person to the Civil Intake office or, once filed through the Civil Submissions Onlineportal, may be submitted as an attachment to an email sent to AssociateJudges.ConstructionLienMatters@ontario.ca with “Urgent” in the subject line, together with confirmation of submittal through the Civil Submissions Online portal. Orders granted in non-Toronto actions, where leave to have the motion heard in Toronto has been granted, must be issued and entered at the courthouse where the action was commenced.

C.         Special motion procedures/requirements

15. The additional procedures and requirements outlined in this subsection apply for the specific motions as noted.
16. Vacating liens by payment into court: The following procedures and requirements apply to motions brought in accordance with s. 44 of the Construction Act for an order vacating a lien upon the payment/posting of security into court:
    1. Motion material requirements: In addition to evidence supporting the vacating relief sought, all motion materials must also include the following:
       1. a clear copy of the security to be posted;
       2. a completed fiat in the usual form (sample fiat);
       3. a draft order in the current standard form for Toronto Region (sample order), submitted in both .pdf and Word formats; and
       4. separate copies of both the security and fiat, whether or not included in the motion record.
    2. Security requirements: A high quality colour scan of the original security is required, with the following additional requirements for lien bond and letter of credit security:
       1. For lien bond or letters of credit, all referenced schedules must be included with visible signatures, identification of authorized signing officers, and any corporate seals.
       2. For lien bond security, there must be a visible corporate seal for the surety and, if the principal is a corporation, a visible corporate seal of the corporate principal is preferred, but if there is no seal, the person signing for the principal must print under the signature their name, their title, and the statement, “I have authority to bind the corporation.”
       3. For lien bonds that have been electronically issued, signed, and sealed, the moving party must include the original electronic form of e-bond for review and verification. Also, the moving party must confirm with the Accountant of the Superior Court of Justice by email to ascj-info@ontario.ca that the proposed form of e-bond will be accepted for filing and include that confirmation in the motion materials.

1. All vacating motions should be brought in any existing court file in respect of the lien (such as an action to enforce the lien). If there is an existing court file, then the vacating motion must be brought in that action. If there is no existing court file, then the court file number should be left blank and the court will assign a general court file number for the purpose of the vacating motion.
2. Given the time-sensitivity of vacating motions, parties are encouraged to submit all vacating motions as urgent or time-sensitive motions.
3. Once the associate judge hearing the motion has reviewed the materials and approved the security, the associate judge will sign the fiat and, in the case of a lien bond or letter of credit, endorse the security. Certified cheques and bank drafts are not endorsed. The associate judge’s endorsement, signed fiat, signed order, and, if applicable, endorsed lien bond or letter of credit will be emailed to the moving party.
4. Unless the Accountant otherwise advises, parties should be entering orders before submitting security to or attending the Accountant’s office, as follows:
   1. For an order granted in a Toronto court file number, the order may be submitted for issuing and entering through the Civil Submissions Online or in person to the Civil Intake office. For orders requiring issuing and entering on an urgent basis, they may be brought in person to the Civil Intake office or, once filed through the Civil Submissions Online portal, may be submitted as an attachment to an email sent to Toronto.AssociateJudges.ConstructionLienMatters@ontario.cawith “Urgent” in the subject line, together with confirmation of filing through the Civil Submissions Online portal.
   2. For an order granted with a court file number in a region outside of Toronto, and leave for the motion to be heard in Toronto has been granted, the order must be issued and entered at the courthouse where the lien action was commenced.
5. The issued and entered order, signed fiat, original security, and, if applicable, a copy of the endorsed lien bond or letter of credit are then taken or sent to the Accountant, who will post the original security (and, if applicable, the approved copy of the security), and will issue a receipt. For non-digitally signed vacating orders, a notarial certificate from the lawyer verifying that the order sent to the Accountant is a true copy of what the court issued may be required.
6. Once the security has been posted, the vacating order must be served with Accountant’s receipt, and may be registered on title where the lien attaches to premises.

17. Substituting/replacing lien security in court: The same motion material and security requirements for a motion to vacate a lien in paragraph 16 above apply to motions to substitute or replace security.  The draft order should reflect a transfer of the lien charge from the existing security to the new security.  In addition, a copy of the existing security, the vacating order, and the Accountant’s receipt from posting the security must be included in the motion materials.
18. Reduction or return of security: Motions to reduce or pay out security previously posted to vacate a lien must include the position of all lien claimants who have an interest in the security pursuant to s. 44(9) of the Construction Act or evidence that the liens of such other lien claimants have been satisfied, released, discharged, or vacated with sufficient separate security.
19. Lien expiry/discharge orders:
    1. For motions dealing with liens that continue to attach or previously attached to premises and have been vacated, a current parcel abstract for the premises with deleted instruments must be submitted.
    2. For motions dealing with liens that do not attach to a premises under s. 16(3) of the Construction Act, evidence of a request to and response from the owner regarding other persons having a preserved or perfected lien is required for a motion under s. 47 and may be required for other motions.
20. Orders for trial:The following procedures apply to obtaining an order to have a day, time and place fixed for the trial of the action by way of first trial management conference (hearing for trial directions):
    1. Motions for a judgment of reference or order directing a reference cannot be brought to an associate judge. These motions must be made to a judge: s. 58(1) of the Construction Act. A reference order must be obtained before obtaining a date for a first trial management conference and submitting a motion for an order for trial.
    2. First trial management conference dates are obtained through https://calendly.com/toronto-region. Prior to reserving a date, parties must canvass availability for the hearing date with all affected persons/parties, including other lien claimants on whom notice of trial is required to be served under the Construction Act.  Failure to pre-select a date may result in the motion being rejected.
    3. Motions for an order to have a day, time and place fixed for the trial of the action (following a judgment of reference or order directing a reference) must include all pleadings, the current status of the action, the judgment/order of reference, and a copy of the reservation confirmation email generated by Calendly.
    4. Placeholder reservations in Calendly are not permitted. A date should only be reserved when the motion is ready to be filed.  If a motion has not been filed with the court within ten (10) days of completing the first trial management conference reservation process, then the reservation may be cancelled by the court.

D.         Material filing requirements for construction lien matters before associate judges

21. Materials for Motions: In addition to any other document organization requirements that the court may impose, all motion materials are to be filed through the Civil Submissions Online  Civil Intake should be contacted in the event of issues with filing through the portal.  If the portal cannot be used, then materials may be submitted for filing by email sent to Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca, with an explanation for why the materials have not been or cannot be filed through the portal.
22. Materials for Other Hearings: Materials for non-motion hearings, including all trial management conferences, should be submitted in accordance with any directions provided by the associate judge hearing the matter or else by email sent directly to the associate judge’s Assistant Trial Coordinator. Counsel/parties are expected to comply with any further directions on material filing that may be provided by an Assistant Trial Coordinator.
23. Filing Format: All documents should be submitted in searchable .pdf format. All exhibits and tabs in records or briefs must be bookmarked, or at least hyperlinked in the index.  Failure to do so may result in the materials being rejected or, for motions, the motion being dismissed without prejudice to re-filing with a properly bookmarked/hyperlinked record.  All affidavits, facta, and draft orders must be submitted or uploaded to Case Center in Word format.
24. Email Filing: For all permitted email filings, the email must indicate the court file number, short title of proceedings, party filing the materials, the hearing-type (g., opposed motion), and the assigned or seized associate judge (if known).
25. Participant Sheets: For all hearings, counsel/parties must file a participant sheet outlining the names and contact information, including email addresses, for all anticipated participants.
26. Case Center: Parties are reminded of the requirements for use of Case Center as outlined under Rule 4.05.3 and in the Consolidated Provincial Practice Direction for Civil Proceedings. Leave is required to refer to any document uploaded to Case Center that has not been confirmed as filed with the court, including documents submitted for filing through the Civil Submissions Online portal that have not yet been accepted by the Registrar.

Justice Stephen E. Firestone
Regional Senior Judge Ontario
Superior Court of Justice, Toronto Region