Effective date: June 30, 2025

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

Part 1: Preliminary Matters

A. Presumptive Modes of Appearance

IN THE EAST REGION, SUPERIOR COURT OF JUSTICE

Criminal Matters in-person virtual in-writing
Trials (jury and non-jury) x
Pre-trial motions x
Guilty Pleas x
Sentencing Hearing x
Assignment Court /TBST/First Appearance x
Summary Conviction Appeal x
Judicial Pre-trials (JPTs)* x
Bail Hearings – (virtual where practical but otherwise in-person to be addressed at the time of scheduling)* x
Bail/Detention Reviews – (virtual where practical but otherwise in-person to be addressed at the time of scheduling)* x
*some centres may conduct these in person if virtual cannot be accommodated for in custody matters See local directives for each court if applicable
Family & Child Protection Matters in-person virtual In-writing
First Appearance Courts x
Early or Urgent Case Conferences x
Requests for Urgent Motions x
CCs, SCs & Combined Conferences** x
Trial Management Conferences (subject to local practice may be in-person with a settlement focus) x
Assignment Court /Trial Scheduling Conf x
Procedural & Consent motions x
Short motions (local notices and scheduling practices may affect mode of hearing) x
Long motions x
Trials (& Binding JDR where applicable)* x
Adoptions (in writing unless in-person is requested and subject to local practice) x
DRO conferences – where applicable x
FRO Hearings (virtual subject to local direction and available technology)** x
*Uncontested trials in Pembroke are presumptively virtual **in Kingston Conferences are presumptively virtual and FRO s in person See local directives for each court if applicable
Civil Matters in-person virtual In-writing
Trials (jury and non-jury) x
Civil pre-trials x
Case conferences/case management x
Assignment Court /TBST Court x
Consent and unopposed Motions x
Short Motions (under 2 hours) x
Long Motions & Applications x
Appeals to an SCJ Judge x
  See Rule 1.08 – for motions or case conferences, moving party is to request the presumptive mode of hearing or explain why another method is appropriate See local directives for each court if applicable
Small Claims Court Matters in-person virtual in-writing
Assessment hearings (damages) x
Settlement Conferences x
Terms of Payment hearings x
Motions x
All Proceedings under subrules 12.02(3) or 12.02(7) x
Trials x
Garnishment hearings x
Rule 20.10 examinations x
Contempt hearings  x

Please note:

  1. The Presumptive Modes of Hearing set out in this chart will apply throughout the Region unless an approved local directive states otherwise. Local notices may also provide greater detail. SCJ East Region Notices
  1. In criminal matters where the accused is in custody, there are limitations on the capacity of provincial jails to accommodate virtual hearings. Bail reviews and other matters which are lengthy or outside of times that can be accommodated will be in-person.
  1. In family matters in different court sites (e.g., Kingston, Cornwall, L’Orignal) trial management conferences normally have a settlement focus and will be in-person.
  1. Virtual hearings are normally by videoconference, but may be by teleconference in some circumstances, e.g. – First Court Date Clerk (FCDC) court in Ottawa is by teleconference.
  1. In-person hearings take place in a physical court room but may be hybrid hearings where certain participants appear virtually if approved in advance – e.g., witness or counsel.
  1. Parties proposing a method of hearing other than the presumptive mode should be prepared to explain why the proposed method is necessary in the interests of justice. Parties requesting a change should have discussed the matter with the other party in advance.
  1. Proceedings that require the formality, structure and control of a physical court room, proceedings where one or more parties do not have access to technology or proceedings such as contempt of court will be heard in-person in a physical court room.
  1. In every case, the court retains complete discretion with regard to the mode of hearing, taking into account the views of the parties, availability of facilities and technology, geography, convenience, efficiency, the interests of justice and other relevant factors.
  1. Should counsel, or the public, desire to deviate from the presumptive manner of hearing, they must make a request of the appropriate trial co-ordinator, or case management judge, when applicable, well in advance of the event. Any proposed deviation, whether on consent or disputed, will require judicial approval
  1. These guidelines will be reviewed and revised as circumstances require.

B. Filing Court Documents

  1. Information regarding standard document naming protocols and the electronic filing of materials for Court and Court fee payments is contained in the Provincial Practice Direction: Documents MUST be electronically filed.

PLEASE ENSURE STRICT COMPLIANCE WITH TIMELINES and COURT FILING DOCUMENT STANDARDS. Court documents which do not comply with these document standards, including the maximum length for such documents, will NOT be accepted (i) for filing; and (ii) shall not be uploaded to Case Center.

  1. It is expected that written materials and documents for criminal, family and civil matters will be filed with the court electronically. If, however, a party is unable to file materials and documents electronically, they may file same in person at the courthouse filing office, together with an explanation of why electronic filing is not feasible.
  1. Compendiums: Where counsel file more than thirty (30) pages of documentary evidence, whether by affidavit or otherwise, counsel must, in addition to the filing of such documentation, file a Compendium which shall contain only those documents and caselaw that counsel intend to refer to in argument.

C. Uploading Materials to Case Center

  1. Directions are provided in the Consolidated Provincial Practice Directions and in the Superior Court of Justice’s Guide to Requirements regarding uploading materials to Case Center. The Guide to Requirements can be found at the following link: Case Center in the Superior Court of Justice.
  1. Failure to comply with the requirements may result in the hearing not proceeding as scheduled and, where appropriate, judicial sanctions and/or terms may be imposed.
  1. Where there is a change in representation, or there is a change in contact information for counsel or a party, it is the responsibility of the parties (and former counsel), upon receipt of the Case Center invite to forward it to new counsel and/or the opposing party(ies)
  1. Only court documents which have been accepted for filing may be uploaded to Case Center. A party who refers to a document which has not been properly filed with the court, shall bring same to the attention of the presiding judge.
  1. When preparing factums, all references to caselaw shall be hyperlinked to an electronic database such as CanLII. The hyperlink must NOT be to another document which has been filed or submitted online but rather MUST be to an external URL and NOT password protected. Please see the following link: Case Center in the Superior Court of Justice.

Part 2 : Civil Proceedings

A. Introduction

  1. This Part identifies scheduling and administrative changes to facilitate more expeditious and efficient litigation under the Rules of Civil Procedure.
  1. A reference in this part to a “rule” or the “rules” is a reference to the Rules of Civil Procedure.

B. Short Applications and Motions

  1. All applications and motions for which argument is estimated to be sixty (60) minutes or less shall be returnable on the assigned motions court day for each respective county in the East Region commencing at 10:00 a.m. unless specified otherwise in this practice direction and subject to local practice. Please click the link for the practices of the court locations in the East Region. SCJ East Region Notices
  1. All motions and applications (including those requiring a special appointment date) must be confirmed. Confirmation forms must be filed five business days before the hearing date, as required by rules 37.10.1(1) and 38.09.1(1). Communication and cooperation in completing all parts of the prescribed form is expected by the Court. The form should accurately and fully describe ALL materials filed in connection with the motion/application and all prior endorsements and orders relating to the motion/application. Please click the link for the practices of the court locations in the East Region. SCJ East Region Notices
  1. Rules 37.10.1(2) and 38.09.1(2) provide that motions and applications that are not confirmed will not be heard by the Court. Parties will not be permitted to take unconfirmed matters into motions court to request that they be added to the list.
  1. To avoid “placeholder motions”, moving parties or applicants must file a notice of motion and pay the necessary fee immediately after booking the motion date.
  1. For greater certainty, the Rules of Civil Procedure, including all timelines, shall be strictly adhered to.

C. Long Motions and Applications (over 2 hours or subject to local practice)

  1. Long motions (over 2 hour or subject to local practice) will be set for a case conference pursuant to Rule 50.13 before proceeding to a hearing date.
  1. All long motions or applications will be triaged and will be subject to a form of case management. The exact system for long motions will be set out in a local directive for each judicial centre. In Ottawa, triage and case management for long motions or applications are the responsibility of the Associate Judges.
  1. Please click the link below to view scheduling practices for the court locations in the East Region. SCJ East Region Notices
  1. Motions and applications that are scheduled for hearing at a special appointment must be confirmed.
  1. Any consent request to adjourn or reschedule a motion or application at a special appointment will be brought to the attention of the local administrative judge or case management judge where applicable, to seek approval.

D. Pre-Trials

  1. To ensure civil pre-trials are productive and efficient, the parties shall adhere to the following guidelines:
  1. Pre-trial conferences are generally set at trial management court or by the case management coordinator/trial coordinator, without any request by the parties, after a trial record has been filed. A request for a pre-trial conference may however be submitted to the case management coordinator/trial coordinator.
  2. Pre-trial conference briefs must be filed five days prior to any pre-trial and are not to exceed 20 pages in length, double-spaced, and prepared in a searchable PDF format. Every party shall serve an electronic brief and post it in Case Center. Briefs shall not be filed in the court record. Excerpts from key documents may be appended and the brief may contain hyper-links to expert reports, case law, and any other pertinent documents. Pre-trial conference memos should indicate the latest stage of parties’ settlement discussions.
  3. Each party shall also file a list of witnesses that they intend to call at trial and a brief explanation of their connection to the proceeding. This list shall be a document separate from the party’s pre-trial brief.
  4. Please click the link below to view scheduling practices for the court locations in the East Region. SCJ East Region Notices

E. Trials

  1. Trials (and Pretrials, if applicable) may be adjourned on consent by way of the request in writing brought to the attention of the local administrative judge or trial judge in advance of the trial date. All contested motions to adjourn trial brought in advance of the trial, shall be scheduled for hearing on a date to be arranged with the trial coordinator. Otherwise, all adjournment requests shall be heard at the commencement of trial.
  1. Please click the link below to view scheduling practices for the court locations in the East Region – SCJ East Region Notices

F. Case Management

The Regional Senior Justice or designate may formally appoint a judge as a case management judge to hear all motions in a particular proceeding pursuant to Rule 37.15. In Ottawa, case management is also available under Rule 77. Formal designation of a case management judge will only be appropriate in particularly complex proceedings. Less formal case management is available in all civil proceedings pursuant to Rule 50.13, which permits a case conference to be convened in any civil proceeding. Case conferences are appropriate where direction is required from the court or where a ruling is required that does not require a formal motion. In Ottawa, case management is also available through the Office of the Associate Judges / Case Management Centre. In that jurisdiction, requests for routine case conferences shall be directed to the Case Management Coordinator using the designated form. Pursuant to Rule 50.13, direction is hereby given by the Regional Senior Judge that Associate Judges are authorized to convene case conferences and to make case management orders. A separate judge’s order is not required for each proceeding, and it is not necessary to order that Rule 77 applies.

G. Designated Counties for the Commencement of Mortgage Proceedings under Rule 13.1.01(3)

  1. Pursuant to rule 13.1.01(3), Belleville, Brockville, Cornwall, Kingston, L’Orignal, Napanee, Picton, Pembroke, Perth and Ottawa have been designated as the place for commencement of mortgage proceedings for property located anywhere in the East Region.

Part 3 : Time-sensitive Commercial Proceedings

The East may from time to time establish direction on these matters, and if so will amend this section to reflect that.

Part 4 : Additional Provisions Regarding Contested Estate Matters Including a Contested Passing of Accounts

Part 5 : Family Proceedings

A. Introduction

  1. This Part identifies scheduling and administrative changes to facilitate more expeditious and efficient litigation under the Family Law Rules.
  1. Unless otherwise stated, this Part applies to all family proceedings.
  1. A reference in this part to a “rule” or the “rules” is a reference to the Family Law Rules.

B. Family Motions

  1. Any motion that requires 60 minutes or less (for Ottawa 90 min or less) for all parties to argue is treated as a regular motion.
  1. All regular motions will be heard on the assigned motions court day for each respective county in the East Region commencing at 10:00 a.m. unless otherwise ordered by the court. East Region Court Schedules | Superior Court of Justice
  2. Confirmation forms for all family motions must be filed and uploaded no later than 2 p.m three (3) business days prior to the event
  3. Where no Form 14C Confirmation of Motion or Form 17 Confirmation of Conference has been filed by any party, the conference or motion will be not be heard on that day. Costs may also be ordered against a party who has not filed a Confirmation
  4. All long motions or applications (that will take more than two hours to argue) will be triaged and may be subject to a form of case management. The exact system for long motions will be set out in a local directive for each judicial centre
  5. In all judicial centres, any regular motion requiring one hour or more for argument requires a Factum. Motion materials shall be served and filed in accordance with the timelines set out in the Family Law Rules. Motion materials must be filed at the Family Law Counter.
  6. A factum is required for all motions that are one hour or more. The moving party shall serve and file its Factum at least four business days before the hearing of the motion. The responding party shall serve and file its Factum at least 2 business days before the hearing of the motion. No Factum may exceed 20 pages without leave of the court.
  7. Please click the link below to view scheduling practices for the respective court locations in the East Region. SCJ East Region Notices

C. 14B Motions

  1. Form 14B motions are governed by Part I of the Consolidated Provincial Practice Direction. Counsel and parties are advised to refer to that Practice Direction for further direction.

D. Procedural Motions: Ottawa Only

  1. Dates are posted at the Family Law Counter and in Family Law Information Centre when procedural motions may be brought in court.
  1. A procedural motion includes a motion for a determination of urgency or hardship, seeking permission to bring a substantive motion before case conference.
  1. A procedural motion should only be brought without notice to the other party in compliance with Rule 14(12).
  1. All procedural motions, whether opposed or unopposed, are confined to 15 minutes or less in duration.

E. Trial Scheduling

  1. If a case is not resolved at a settlement conference, the Trial Scheduling Endorsement Forms must be completed and endorsed by the Court prior to the case being listed for trial.
  1. Where the Court has directed that a Trial Scheduling Conference should be held, the parties must confirm their attendance at this conference in accordance with Rule 17(14) and file their respective portions of the Trial Scheduling Endorsement Form in advance of the conference in accordance with the timelines in rule 17(13.1).
  1. In Ottawa only, cases are added to a trial list at the first case conference without the need for TSEF to be completed. The Trial Scheduling Endorsement Form must be completed by the parties prior to, and will be endorsed by the Court during, the Trial Management Conference week held approximately 45 days before each trial sitting.

F. Confirmation Forms

  1. Each party to a conference or motion must file a fully completed Form 14C Confirmation of Motion or Form 17F Confirmation of Conference no later than 2 p.m. three business days before the motion or conference, except urgent motions that are being brought without notice to the other party do not need to be confirmed.
  1. These may be filed at the Family Law Counter in the courthouse or filed using Justice Services Online.
  1. The parties or their counsel should consult with each other prior to filing their Form 14C Confirmation of Motion/Form 17F Confirmation of Conference forms, unless the parties are self-represented and prohibited from communicating by court order or by a term of judicial release.
  1. Where no Form 14C Confirmation of Motion or Form 17 Confirmation of Conference has been filed by any party, the conference or motion will be not be heard on that day. Costs may also be ordered against a party who has not filed a Confirmation.
  1. Form 14C Confirmation 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.
  1. Form 14C Confirmation of Motion or Form 17F Confirmation of Conference forms must also include an up-to-date time estimate for the entire motion or conference, including time required by the other party. Parties should not expect more time than originally requested nor will they be permitted more time than specified in the confirmation forms.
  1. If the matter settles or the issues narrow or change parties are asked to notify the court’s trial coordinator as soon as possible.
  1. Please click the link below to view filing practices for the respective court locations in the East Region. SCJ East Region Notices

G. Conference Briefs

  1. No brief or other document for use at the conference that is required to be served or filed may be served or filed after 2:00 p.m. four business days before the date scheduled for the conference (rule 17(14.1)).
  1. Please click the link below to view filing practices for the respective court locations in the East Region. SCJ East Region Notices

H. Scheduling Family Conferences

  1. You may visit the link to view practices for the respective court locations in the East Region SCJ East Region Notices

I. Settlement Conferences and Trial Scheduling Conferences

  1. 55.The East may from time to time establish direction on these matters, and if so will amend this section to reflect that. You may also visit the link to view practices for the respective court locations in the East Region – SCJ East Region Notices

J. Trial Management Conferences

  1. 56.A trial management conference should be held in family cases that have not been resolved at or before the settlement conference in order to ensure trial readiness and canvas settlement.
  1. The purpose of a trial management conference is to confirm that parties are ready for trial, have filed their Trial Record exchanged all other material required by the Trial Scheduling Endorsement Form, provide any further directions or revisions to the Trial Scheduling Endorsement Form, and, where appropriate, to explore any final possibilities for settlement to resolve the trial.
  1. Parties should refer to section 31.9 of Part 1 of the Provincial Practice Direction regarding the materials that must be filed in advance of a Trial Management Conference.

Part 6 : Criminal Proceedings

  1. 59.The link to the Consolidated Provincial Practice Direction for Criminal Proceedings (amended February 1, 2024) is as follows is available here.
  1. Criminal proceedings must comply with the Criminal Proceedings Rules and Forms, as amended.
  1. 61.Please click the link below to view filing practices for the respective court locations in the East Region. SCJ East Region Notices

Notice of Application for a 90 Day Detention Review

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

Part 7 : Divisional Court Proceedings

  1. The link to the Consolidated Provincial Practice Direction concerning Divisional Court Proceedings is available here.

Part 8 : Forms

  1. Each of the forms prescribed under the Rules of Civil Procedure and the Family Law Rules are available on the Ontario Court Forms website.
  1. You may visit the link to view practices for the respective court locations in the East Region and any local forms referenced –SCJ East Region Notices

Civil Forms for Ottawa

  1. All request forms for Ottawa are available here: Ottawa Civil Forms They are also available on the County of Carleton Law Association (CCLA) website at Civil Litigation – (ccla-abcc.ca).

Calum MacLeod
Regional Senior Justice
Superior Court of Justice East Region