- A. Court Contact Information
- B. Schedule
- C. Gowning
- D. Release of Digital Court Recordings
- E. Electronic Devices in the Courtroom
- A. Mandatory Information Program (MIP)
- B. Conferences
- C. Motions
- D. Trials
- E. Family Court Sites
- A. Committal to Superior Court of Justice
- B. Trial Scheduling Court (formerly Assignment Court)
- C. Pre-Trial Conferences in Criminal Cases
- D. Scheduling Trial Dates for Criminal Cases
- E. Adjournment of Trial or Pre-Trial Applications
- F. Abandonment of Pre-Trial Applications
- G. Non Compliance with Court Ordered Deadlines
- H. Bail Variations pursuant to section 515.1 of the Criminal Code
- I. Other Bail Applications
- J. Summary Conviction Appeals
- K. 90 Day Detention Reviews
- A. Motions and Applications
- B. Construction Liens
- C. Trials
- D. Transfer of Cases
- E. Mortgage Proceedings
- F. Class Actions: Proceedings under the Class Proceedings Act, 1992
- G. Proceedings Heard in Hamilton by a Registrar in Bankruptcy
Part I: General
A. Court Contact Information
1. Contact information for each court location in the Central South Region is available in the Central South Region’s Regional Court Calendar, available on the Superior Court of Justice website.
B. Schedule
2. The schedule for proceedings in each of the eight court sites in the Central South Region is available in the Central South Region’s Regional Court Calendar.
C. Gowning
3. Counsel are not required to gown for the following court attendances:
- Trial scheduling court (formerly known as assignment court, “speak to” court or “purge court”) in family, criminal or civil proceedings.
- Case conferences, settlement conferences, trial scheduling conferences or trial management conferences in family proceedings.
- Pre-trial conferences in criminal proceedings.
- Pre-trial conferences in civil proceedings.
- Small Claims Court proceedings.
4. Counsel must be gowned for all other proceedings.
D. Release of Digital Court Recordings
5. Members of the public, counsel, litigants, accused or the media may obtain copies of digital court recordings of matters heard in open court, in accordance with the requirements of the relevant part of the Consolidated Provincial Practice Direction.
E. Electronic Devices in the Courtroom
6. The Superior Court of Justice’s protocol relating to the use of electronic devices in the courtroom is set out in the relevant part of the Consolidated Provincial Practice Direction.
Part II: Family Proceedings
7. A reference in this part to a “rule” or the “rules” is a reference to the Family Law Rules.
A. Mandatory Information Program (MIP)
8. Attendance at the Mandatory Information Program (MIP) is required for all matters except the matters exempted under rule 8.1(2). MIP dates are provided by court staff at the time the documents starting the legal proceeding are issued.
9. Any request to change the date of a MIP should be made directly to the courthouse’s Information Referral Coordinator whose contact information is on the Ministry of the Attorney General’s website under Find an Ontario Court.
B. Conferences
Rules Applicable to all Conferences
10. All case conferences, settlement conferences, trial scheduling conferences and trial management conferences, are held before a Superior Court judge, subject to paragraph 77 (Motions to Change at locations with Dispute Resolution Officers).
11. All parties required to attend a MIP are expected to have done so and filed their certificate prior to their first case conference.
12. Briefs are required for all conferences, in accordance with rules 3 and 17.
13. Fully completed Form 17F Confirmation of Conference forms must be filed for all conferences, in accordance with rules 3 and 17 of the rules. The confirmation form must be filed with the court office or faxed to the trial coordinator no later than 2:00 p.m. three business days prior to the conference. If the conference has not been confirmed by at least one party, judicial permission will be required for the conference to proceed on the scheduled date. Failure to comply with the rules may also result in costs sanctions and/or postponement of the conference date.
14. Counsel and parties are expected to attend all conferences in person.
15. Counsel or a party who wishes to request to attend a conference by telephone conference call or by video under rule 17(16), must contact the trial coordinator at least 5 business days before the scheduled conference, who will seek permission from the presiding judge. Counsel or the party must make all other parties aware of the request so that they can communicate any objection to the trial coordinator. The party requesting the telephone conference call or video shall be responsible for any costs associated with it.
16. Any request for an adjournment of a conference shall initially be made through the trial coordinator. Absent an order or direction from a judge, or a consent signed by counsel or the parties and filed with the trial coordinator at least three business days before the date of the conference, counsel and the parties will be required to attend at the scheduled time to request the adjournment. This procedure is permitted for one adjournment and thereafter the parties or their counsel must attend before the court, unless a judge directs otherwise.
Costs for Conferences
17. Rule 24 requires the presiding judge at every court event to fix costs. If a party is seeking costs for preparation for and attendance at a conference, those submissions and a costs outline should be provided to the presiding judge during the conference so that the amount of the costs can be fixed by the presiding judge who will have knowledge of the issues, the time spent, the degree of preparation required and the conduct of the parties which may entitle them or disentitle them to an order for costs. If a costs outline is not provided to the presiding judge, the judge may decline to make any costs award.
Case Conferences
18. Case conference dates may be obtained directly from the trial coordinator, subject to the practice in Family Court locations. A date will not be provided until at least one party serves and files a case conference brief. Each party must file its Form 17A: Case Conference Brief and Form 13A: Certificate of Financial Disclosure in advance of the case conference as set out in rules 13 and 17(13 and 13.1). Each party must also complete the financial disclosure required under rule 13.
19. If no answer or response to a Motion to Change is filed as required by the rules, no case conference is required and a date for an uncontested hearing may be obtained from the trial coordinator.
Settlement Conferences
20. Settlement conference dates will be set at the case conference or may be obtained directly from the trial coordinator.
21. A party attending a settlement conference must prepare a Form 17C Settlement Conference Brief with all necessary attachments and file it as required by rule 17(13.1).
22. Each party must complete their respective portion of the Trial Scheduling Endorsement Form and give it to the presiding judge at the outset of the settlement conference. Part 3 of the form will be completed by the judge after the issues have been reviewed with the parties.
23. The judge at the settlement conference may, in his or her discretion, convert the settlement conference into a trial management conference (as permitted by rule 17(7)) and have Part 3 of the Trial Scheduling Endorsement Form fully completed at that time.
24. The Trial Scheduling Endorsement Form must be fully completed before a trial date will be assigned.
25. Whenever possible, the trial date will be fixed at the conclusion of the settlement conference. A trial management conference date will be assigned at the same time, unless the presiding judge in his/her discretion feels that it will not be needed. Those will be rare and exceptional cases.
26. If there are matters that need to be completed by the parties before the case is ready for trial, the judge will fix a schedule to be followed by the parties to ensure that the case is trial ready. If the schedule is not adhered to by a party, this may be addressed by serving and filing a notice of motion to enforce the schedule, returnable at a regular motions court of the particular court location.
Trial Management Conferences
27. A trial management conference should be held in all family proceedings that have not been resolved at or before the settlement conference, no more than two weeks before the trial wherever possible, subject to paragraph 23.
28. The purposes of a trial management conference include exploring the chances of settling the case, ensuring that the parties know what witnesses will testify and what other evidence will be presented at trial and ensuring the accuracy of the estimated time needed for trial.
29. In advance of the trial management conference, the following documents must be filed by the deadlines set out in rule 17(13.1):
- The completed Trial Scheduling Endorsement Form as endorsed by the court must be filed by either the Applicant or the party that requested the conference;
- Each party must file an offer to settle all outstanding issues; and,
- Each party must file an outline of their opening statement for trial.
These documents are to be filed in lieu of the requirement to file a Trial Management Conference Brief: Form 17E under rule 17(13).
30. The final Trial Scheduling Endorsement Form shall be filed with or added to the Trial Record. The parties’ offers to settle must not be filed with the Trial Record.
C. Motions
Form 14B Motions
31. Rules 14(4.2) and (10) of the rules provide that motions are permissible before a case conference if there is a situation of urgency or hardship, or if the request for relief is limited to “procedural, uncomplicated or unopposed matters”. In most cases, relief should be requested using Form 14B: Motion.
32. In exceptional circumstances of urgency or hardship, permission to bring a motion before a case conference pursuant to rule (14(4.2)) can be sought when the motion is brought. A comprehensive affidavit explaining the reasons for the order sought must be filed with the motion.
33. In order to assist counsel and parties in making the best use of available conference time, the Superior Court will encourage greater use of Form 14B motions whenever it will make the case conference process more effective. Form 14B motions allow parties to address certain threshold issues prior to the case conference and are designed to streamline conferencing in family law proceedings. Such motions are limited to procedural, uncomplicated or unopposed matters that will promote the concept of fewer, but more meaningful case conferences. In this respect, Form 14B motions will be guided by the paragraphs 34 – 35.
34. Before a case conference is held, lawyers and self-represented litigants are strongly encouraged to use Form 14B to obtain any orders that are needed to make the case conference productive. Examples of appropriate orders include:
- orders of either a procedural or substantive nature that are on consent, or unopposed;
- a request for the appointment of the Office of the Children’s Lawyer;
- orders to add a party or obtain discovery from a third party;
- orders for production of documents, permission for questioning or other issues pertaining to discovery;
- enforcement of an order to provide information, produce a document or serve and file a financial statement or other document;
- any other procedural order or direction needed to promote a meaningful case conference.
35. Motions that are without notice, on consent or unopposed will be determined by a judge in chambers, unless the court directs otherwise.
Short Motions
36. A short motion is a motion that will be argued by the parties in less than one hour including reply argument (but excluding the time required for the judge to consider the matter and render a decision).
37. Short motions shall be made returnable to a regularly scheduled motions day. These dates are listed in the Central South Region’s Regional Court Calendar, available on the Superior Court of Justice website.
Factums and Other Materials
38. A factum or summary of argument is not required on a short motion, although such documents are encouraged because they provide significant assistance to the presiding judge. A factum or summary of argument shall not exceed 20 double spaced typed pages, unless leave is granted.
39. Parties are encouraged to submit draft orders with their motion materials.
40. Where a factum is being filed, the court also strongly encourages parties to deliver an electronic copy of the factum, in Word Format, at least three business days before the hearing of the motion, which can be sent to the email address for the court location where the motion will be argued:
The covering email should identify the style of cause, the court file number and the date scheduled for the argument of the motion.
Costs41. If counsel or a party is seeking costs for appearing on a motion, they must attend with a costs outline to be given to the presiding judge. The costs outline should specify the number of hours of work which was necessary to prepare for the motion, the nature of the work, the lawyer/clerk or other person who did the work, the number of years a lawyer has been at the bar and an itemized list of disbursements incurred with supporting invoices, if available. If the outline is not available to be given to the presiding judge, the judge may decline to make any costs award.
Adjournments of Short Motions
42. If the trial coordinator receives written confirmation that the parties have agreed to a consent adjournment not later than 2:00 p.m. three business days before the motion is returnable, the adjournment will be granted, subject to the discretion of the presiding judge and provided that the adjournment has only been requested once. The written consent must specify the date to which the matter is to be adjourned, unless the motion has been settled. If these requirements have been met, counsel and parties are not required to attend before the presiding judge at the motion date.
43. No confirmations will be accepted after 2:00 p.m. three business days before the motion is returnable.
44. If counsel and/or a self-represented party wish(es) to adjourn a matter and it is past the filing deadline for the confirmation form, they should email or fax the trial coordinator as soon as possible to advise the court of the request. If the request is opposed this should also be noted. This should be done so that the presiding judge need not read the file in preparation for the motion. However, the parties or their counsel must still attend court in these circumstances.
Long Motions
45. A long motion is a motion that is expected to require more than one hour of oral argument, including reply argument (but excluding the time required for the presiding judge to consider the matter and render his/her decision).
46. A date for a long motion must be obtained through the trial coordinator. These motions are generally set to be argued during a specified week rather than a specific date but they are scheduled on a fixed date at certain locations in the Central South Region. The trial coordinator at the specific court site should be contacted to determine the local practice.
47. The notice of motion for a long motion must be served and filed and made returnable to a regularly scheduled weekly motions list in accordance with the rules. The notice of motion must indicate whether:
- the long motion is being scheduled to a day or week provided by the trial coordinator on consent of all parties, in which case the parties do not need to attend the regular motion date; or
- the parties have been unable to agree on a date for the motion, in which case the parties must attend the regular motion date so that a hearing date for the long motion can be set; in these circumstances, the appearance in regular motions court must be confirmed in writing in accordance with the rules.
48. Once the date has been set for the hearing of the motion:
- if the long motion is to be called for argument during a given week, a confirmation for the Long Motion (Form 14C) must be filed with the trial coordinator no later than 2:00 p.m. on the Wednesday prior to the chosen week confirming that the motion will proceed, indicating how long the matter will be argued in total and what material is to be read by the judge hearing the long motion.
- if the motion has been scheduled on a fixed date, a confirmation for argument of the Long Motion (Form 14C) must be filed with the trial coordinator no later than 2:00 p.m. three business days prior to the scheduled date confirming that the motion will proceed, indicating how long the matter will be argued in total and what material is to be read by the judge hearing the long motion.
Adjournments of Long Motions
49. Adjournments of long motions will not be readily granted. Any request for an adjournment of a long motion must be immediately communicated to the office of the trial coordinator. Unless otherwise directed by a judge, a request for an adjournment of a long motion must be made in court.
Long Motions Not Reached
50. If a long motion is not reached on the scheduled date or during the scheduled week, counsel and the parties are to arrange a new date with the trial coordinator. If a date cannot be agreed upon, the matter will be placed before a judge by the trial coordinator and the parties (or their counsel) will be required to attend.
51. The trial coordinator must be immediately advised in writing of settlement of any or all of the issues prior to the hearing date.
Factums and Other Materials
52. Factums are required for all long motions. The times for service and filing of factums shall be in accordance with the times for service and filing of other motion materials under the rules.
53. If case law will be relied on by a party (other than cases referred to in the Court’s list of Often Cited Family Cases), a Book of Authorities should be served and filed with the factum or summary of argument with appropriate excerpts from each case highlighted or side barred.
54. A factum shall not exceed 20 double spaced typed pages, unless leave is granted. The parties are encouraged to submit draft orders with their motion materials.
55. In addition, the court strongly encourages parties to deliver an electronic copy of a factum, in Word format, at least three business days before the hearing of the motion, which can be sent to the email address for the location where the motion will be argued:
The covering email should identify the style of cause, the court file number and the date scheduled for the argument of the motion.
56. A factum shall include the following:
- a statement of the facts which are relevant to the motion or application;
- the legal questions to be considered by the court;
- the law and prior case law relating to the issues;
- the argument of the party relating to each legal question;
- the order which is sought from the court.
D. Trials
Short Trials
57. A short trial is a trial that will take 15 court days or less.
Court Schedule
58. Each court location in the region holds trial sittings at different times throughout the calendar year. The trial sittings are listed in the Central South Region’s Regional Court Calendar.
Trial Scheduling Court
59. Attendance at trial scheduling court will only be required by the parties where a trial date has not already been set either at the settlement conference or arranged through the trial coordinator as set out below.
60. If a trial date has not been set at the settlement conference, it should be arranged with the trial coordinator.
61. If the parties consent to a trial date or trial sittings, the consent must be filed with the trial coordinator at least three business days before that trial scheduling court date and if done, the parties do not need to attend.
62. If the parties are unable to agree on a trial date, they may speak to the matter at trial scheduling court. As a general rule, trial dates will not be arranged at the trial scheduling court unless counsel and self-represented parties have contacted the trial coordinator and tried to arrange dates in advance.
63. Subject to the practice in Family Court sites, trial scheduling courts in family proceedings are held each month at each court site in the Central South Region; these dates are listed in the Central South Region’s Regional Court Calendar.
64. If there is an issue that must be addressed by the presiding judge at trial scheduling court, counsel and self-represented parties are to attend in person. In certain cases, with prior direction from a judge, counsel and/or self-represented parties may attend by telephone conference call. That conference call will take place in the courtroom on the record. A telephone conference call must be arranged through the trial coordinator at least three business days before the date of the trial scheduling court. The party requesting the telephone conference call shall be responsible for the costs associated with it.
Trial Lists
65. Cases that have been placed on the trial list will be deemed ready to proceed.
66. Counsel and parties have a duty to inform the trial coordinator of any pertinent information that may affect the trial (e.g. a case has settled or a change has occurred that will affect the status of the trial).
Trial Adjournment Requests
67. Any request for an adjournment of the trial must be communicated to the trial coordinator immediately. A motion to adjourn shall be brought on a regular weekly motion list. An adjournment can only be granted by order of a judge, even if all parties consent to the adjournment.
Long Trial Sittings
68. All trials which are expected to last longer than 15 days are deemed to be long trials.
69. There are two long trial sittings each year in the Central South Region, usually in March (commencing just after the March School Breaks) and in October. These dates are listed in the Central South Region’s Regional Court Calendar.
70. Any matter placed on the long trial list is given a fixed date to commence and a judge will be made available to hear the matter in its entirety. Once a matter is placed on the long trial sittings list and a trial date is fixed, adjournments are rarely granted without significant costs ramifications.
71. Counsel and parties have a duty to inform the trial coordinator of any pertinent information that may affect the trial (e.g. a case has settled or a change has occurred that will affect the status of the trial).
72. All family cases requiring more than 15 days for trial must be referred to the Office of the Regional Senior Justice for possible assignment to a Long Trial. Where a judge determines that a matter should be referred to the long trial list, the judge will endorse the Trial Record and the Trial Scheduling Endorsement Form accordingly and forward the Form to the Office of the Regional Senior Justice
73. The Office of the Regional Senior Justice will arrange a conference call with all parties or their counsel to assign the case to a particular long trial sittings, may order a schedule to be followed to ensure that the case is ready to proceed on the sittings to which it has been assigned and schedule a trial management conference to be held before the trial date.
74. All motions for an adjournment of a trial on the long trial list, including a consent adjournment, must be made returnable before the Regional Senior Judge or his/her designate.
E. Family Court Sites
75 St. Catharines and Hamilton are Family Court sites; they are the only two Superior Court of Justice locations in the Central South Region where hearings under the Children and Family Services Act (child protection cases), Family Responsibility Office cases and fast track cases (under rule 39) are heard.
76. Dates for child protection, Family Responsibility Office and first appearance courts (for fast track cases) are available in the Central South Region’s Regional Court Calendar or from the trial coordinator.
77. Dispute Resolution Officer programs are available in St. Catharines and Hamilton. In those locations, 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, unless the court orders otherwise.
Part III: Criminal Proceedings
78. Any change regarding the status of a criminal matter must be brought to the immediate attention of the trial coordinator.
79. A reference in this part to a “rule” or “rules” is a reference to the Criminal Proceeding Rules for the Superior Court of Justice.
A. Committal to Superior Court of Justice
80. Upon committal in the Ontario Court of Justice, the accused will be remanded to the next trial scheduling court (formerly assignment court) in the Superior Court of Justice that is at least three days from the date of the committal.
81. The indictment committing the accused to stand trial shall be filed in the Superior Court of Justice returnable on a fixed date at least three days before the accused’s first appearance in the trial scheduling court.
B. Trial Scheduling Court (formerly Assignment Court)
82. Criminal trial scheduling courts are held at each court site in the Central South Region one day per calendar month. These schedules can be found in the Central South Region’s Regional Court Calendar, available on the Superior Court of Justice website.
Designations of Counsel
83. Counsel are encouraged to file “designations of counsel” in the Superior Court of Justice at the earliest opportunity to save clients the time and expense of attending court to address scheduling matters at trial scheduling court.
84. A designation filed in the Ontario Court of Justice does not apply in the Superior Court of Justice.
85. An original designation of counsel for the Superior Court of Justice should be filed in advance of trial scheduling court if counsel intends to appear pursuant to the Designation.
Appearance by Telephone Conference Call
86. If there is an issue that must be addressed by the presiding judge at trial scheduling court, counsel may attend in person or, subject to the discretion of the presiding judge, may attend by telephone conference call or any technological means satisfactory to the court that permits the court and all counsel to communicate simultaneously in the courtroom and will be “on the record”.
87. A telephone conference call must be arranged through the office of the trial coordinator at least three business days before the date of the appearance in the trial scheduling court. Counsel attending by telephone conference call must give his/her office and cellphone numbers to the trial coordinator and must indicate the number at which he/she will be available for the conference call.
88. Telephone conference calls can be arranged between the court and counsel even when the accused is in custody and is attending by video remand, provided that the judge is satisfied that the conditions of s. 848 of the Criminal Code are satisfied.
Video Remands
89. In Kitchener and Hamilton, accused persons who are in custody may elect to appear at trial scheduling court by video remand, unless otherwise directed by a judge.
90. In St. Catharines, an accused who is held at the Niagara Detention Centre may attend by video remand, unless otherwise directed by a judge.
91. Where the accused has not previously appeared before the Superior Court of Justice by video on the indictment before the court, defence counsel or the accused must notify the custodian of the institution where the accused is held that he/she wishes to attend trial scheduling court by video instead of “in person”. Thereafter, the accused can simply be adjourned to his or her next appearance to appear by video remand if requested by the accused, unless otherwise directed by a judge.
C. Pre-Trial Conferences in Criminal Cases
92. A pre-trial conference date and time can be arranged by counsel with the trial coordinator and held without a judge’s order and prior to the accused’s first appearance in trial scheduling court.
93. Where a pre-trial conference has not been scheduled or held prior to the accused’s appearance in trial scheduling court, the parties shall schedule a pre-trial conference with the trial coordinator on a date that is at least three business days before the accused’s appearance in trial scheduling court; otherwise, the matter will be adjourned to the next trial scheduling court, subject to the discretion of the presiding judge.
94. A pre-trial conference in a criminal matter must be held within 60 days of the order to stand trial in the Superior Court of Justice.
95. The purpose of the pre-trial conference is to discuss the issues in the case, possible resolution of some or all of the issues, the scheduling of pre-trial motions, the scheduling of the trial and any other matter that the pre-trial conference judge feels may promote a fair and expeditious hearing of the charges contained on the indictment.
96. Where the accused is represented by counsel, the pre-trial conference will be held before a judge of the court, in the presence of counsel and not the accused, unless the judge orders the accused to be present, in accordance with rule 28.05(8).
97. Where an accused person is self-represented, the pre-trial conference will be held in a court room closed to the public pursuant to rule 28.05(2). The conference shall be recorded, however, the recording and any transcript of the pre-trial conference will not be made available to anyone without notice to all parties and the prior written approval of the presiding judge or another judge of the court, in accordance with rules 28.05(3) and (4). Anything said in the pre-trial cannot be used for or against an accused during his/her trial.
98. Pre-trial conference reports are to be served and filed with the trial coordinator pursuant to rules 28.04(7) and (8).
99. Crown counsel and counsel of record for each accused must attend the pre-trial conference fully briefed and with specific authority to act on the matter.
100. The judge who presides at the pre-trial conference will not be the trial judge unless the parties consent.
D. Scheduling Trial Dates for Criminal Cases
101. A trial date will not be scheduled until a pre-trial conference has taken place.
102. Trial dates must be canvassed with the trial coordinator before they can be scheduled in trial scheduling court. Counsel wishing to set a trial date must canvass trial dates with the trial coordinator at least three business days prior to trial scheduling court; otherwise the matter will be adjourned to the next trial scheduling court date to achieve compliance with this rule.
103. If the accused intends to bring a pre-trial application under s. 11(b) of the Charter (unreasonable delay in time to trial), that should be indicated to the trial coordinator and to the trial scheduling court so that the earliest possible trial dates can be identified and offered by the court.
E. Adjournment of Trial or Pre-Trial Applications
104. In the event that the Crown or a defendant should need to seek an adjournment of a trial date or pre-trial application date after the date has been fixed, the trial coordinator and the opposing counsel/party shall immediately be given written notice of the request so that a date can be set for the adjournment application to be heard.
105. A formal notice of application and supporting affidavit for an adjournment must be served and filed in accordance with rules 26.03 and 26.04, unless otherwise directed by a judge.
106.The parties shall attend before the presiding judge on the date and at the time obtained from the trial coordinator. If an accused is in custody, the applicant shall take the appropriate steps to have the accused transported from the custodial institution where he/she is being held to the court house for the attendance before the presiding judge or, alternatively, to attend by video if the technology is available and appropriate and if the accused consents to an appearance by video.
F. Abandonment of Pre-Trial Applications
107. If time has been scheduled for a pre-trial application and the applicant determines that the application will not be necessary, the applicant must immediately serve and file a Notice of Abandonment (Form 9 prescribed under the rules) and also give a copy to the trial coordinator.
G. Non Compliance with Court Ordered Deadlines
108. In the event that a party does not comply with an order or rule of the court stipulating the date by which a party bringing a pre-trial application shall serve and file its materials and/or an order or rule stipulating the date by which a party responding to a pre-trial application must serve and file its materials, the trial coordinator is to be immediately notified.
109. If any party feels that the matter needs to be addressed in open court, the party must inform the trial coordinator, who will advise the parties when the matter is to be spoken to in open court, and the parties shall attend before the presiding judge on the date and at the time assigned. The accused shall also attend before the court at the assigned date and time. If an accused is in custody, the Crown shall take the appropriate steps to have the accused transported from the custodial institution where he/she is being held to the court house for the attendance before the presiding judge.
H. Bail Variations pursuant to section 515.1 of the Criminal Code
I. Other Bail Applications
110. Unless the application is under s. 522 or 518(2) of the Criminal Code, if an application for bail has never been brought by the accused at any time, it must be brought in the Ontario Court of Justice, even if the accused has been committed for trial in the Superior Court of Justice.
J. Summary Conviction Appeals
111. Summary Conviction Appeals shall be placed on a trial scheduling court list to be spoken to, in accordance with the following timelines.
- Defence appeals involving appellants who are out of custody shall be placed on a trial scheduling court list no more than three months from the date of the filing of Notice of Appeal. When the appeal is perfected, the court will assign a hearing date and time
- Crown appeals and defence appeals involving appellants who are in custody on the matter from which the appeal is taken shall be placed on a trial scheduling court list which is no longer than 30 days from the date of filing the appeal.
112. In certain cases, where circumstances require it, counsel or a party may seek leave to argue an appeal without transcripts but by using alternative means, including the digital recording of the event from which the appeal is being brought.
K. 90 Day Detention Reviews
113. Upon receipt of a Notice of Application for a 90 Day Detention Review pursuant to section 525(1) of the Criminal Code, the matter will be placed on the trial scheduling court list, in accordance with the procedures set out in the section.
114. If the accused is not represented by counsel,
- The 90-Day Detention Review will be heard at the next trial scheduling court or any earlier date that is agreeable to the Crown and the accused.
- Notice of this hearing date will be sent to the institution in which the accused is detained and the Crown Attorney’s office by the trial coordinator.
- Where necessary, the Crown Attorney’s office will obtain an Order to Procure Attendance of a Prisoner to have the accused brought to the courthouse for the hearing.
115. 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.
- If counsel waives the hearing, he/she shall immediately provide the trial coordinator with a written waiver of the hearing signed by the accused or counsel, which the trial coordinator will forward to the institution in which the accused is detained in custody and the Crown Attorney’s office.
- If counsel indicates that a hearing date is to be set,
- The matter will be placed on the next trial scheduling court date list, so that a hearing date will be set by a judge.
- The accused will attend the trial scheduling court either in person or by video remand where the appropriate technology is available and the accused consents.
- After the hearing date is set, the trial coordinator will send a copy of the Notice of the Hearing Date to the institution in which the accused is detained.
- If the date is set in the absence of the accused, where necessary, the Crown Attorney’s office will obtain a judge’s order to have the accused brought to the courthouse for the trial scheduling court and/or for the hearing.
116. Counsel and the accused shall attend at the trial scheduling court unless a waiver signed by the accused has been received by the trial coordinator at least three days before trial scheduling court. Counsel may attend by telephone conference call in accordance with paragraphs 86-88.
Part IV: Civil Proceedings
117. A reference in this part to a “rule” or the “rules” is a reference to the Rules of Civil Procedure.
A. Motions and Applications
118. In the Central South Region, motions and applications in civil proceedings are classified as “long” or “short” for scheduling purposes.
Short Motions and Applications
119. A “short” motion or application is one that will be argued by the parties in less than one hour including reply argument (but excluding the time required for the judge to consider the matter and render a decision).
120. Short motions and applications are heard at the regular motions court during the weeks that the Court is scheduled to sit. The motion or application shall be made returnable to a regularly scheduled motions day. These dates are listed in the Central South Region’s Regional Court Calendar on the Superior Court of Justice’s website.
Long Motions and Applications
121. A “long” motion or application is one which is expected to require more than one hour for argument, including reply argument (but excluding the time required by the judge to consider the matter and render a decision).
122. A date for a long motion or application must be obtained through the trial coordinator. These motions and applications are generally set to be argued during a specified week rather than a specific date, but they are scheduled on a fixed date at certain locations in the Region. The trial coordinator at the specific court site should be contacted to determine the local practice.
123 .The notice of motion or notice of application must be served and filed and made initially returnable to a regularly scheduled motions day in accordance with the rules. This date is an interim date for the matter to be spoken to, until an actual date for the hearing can be obtained from the trial coordinator and confirmed with the opposing party(ies).
- If the parties can agree to a date/week for the long motion or application to be argued, a confirmation in writing shall be filed with the trial coordinator at least three business days before the return of the originally scheduled motion (i.e., the regularly scheduled motions day). The written confirmation must indicate:
- that the parties have agreed to the hearing date;
- that the parties are ready to proceed on that date;
- the time required for the hearing of the motion or application; and
- whether oral evidence may be required.
Once the written confirmation is received, the motion record will be endorsed to adjourn the matter to the date or week scheduled for the hearing. In that case, counsel or the parties do not have to attend at the originally scheduled motions court.
124. Where a motion or application is scheduled for a specified week, the trial coordinator will contact parties or their counsel to advise when the matter will be argued during that week. When the matter is called for argument, the matter is expected to proceed.
Timetable for Long Motions and Applications
125. Parties are expected to agree and adhere to a timetable of events prior to a hearing of a long motion or application (e.g., dates for responding materials to be filed, productions to be complete, cross-examinations, delivery of factums, etc.). If an agreed upon or court ordered timetable is not complied with after a date for a long motion or application has been assigned, a party shall bring a motion returnable at an earlier regularly scheduled motions date to have the matter spoken to by all parties.
Factums & Other Material for Motions and Applications
126. A factum is required on a long motion or application. A factum is not required on a short motion or application, although factums are strongly encouraged because they provide significant assistance to the presiding judge. In either case, a factum shall not exceed 20 double spaced typed pages, unless leave is granted.
127. A factum shall include the following:
- a statement of the facts which are relevant to the motion or application.
- the legal questions to be considered by the court.
- the law and prior case law relating to the issues.
- the argument of the party relating to each legal question.
- the order which is sought from the court.
128. When a factum is prepared, it shall be served and filed pursuant to rules 37.10(6), (7) and (8).
129. In addition, the court strongly encourages parties to deliver an electronic copy of a factum in Word format, at least two business days before the argument of the motion. The factum should be sent to by email to the court location where the motion will be argued:
The covering email should identify the style of cause, the court file number and the date scheduled for the argument of the motion.
130. Parties are also encouraged to submit draft orders with their motion materials.
131. If case law will be relied on by a party, a book of authorities should be served and filed with the factum with appropriate excerpts from each case highlighted or side barred.
132. For long motions and applications,
- Counsel are to consult with each other and where possible file a joint compendium, which shall contain the key material documents to be relied on during oral argument. Where counsel cannot agree on a joint compendium, each will file their own separate compendium, which shall contain the key material documents to be relied on during oral argument. This may include extracts of relevant transcripts, relevant documents, photographs, etc. The compendium should not exceed 30 pages in length.
- Counsel are strongly encouraged to deliver an electronic version of their factum, the joint compendium (or separate compendium), and book of authorities on CD, DVD or USB key to the court. These materials may not be sent by email because of the size of the materials. The electronic documents must be submitted in either Word format (.doc or .docx) or text searchable PDF The CD, DVD or USB key should be accompanied by a covering letter which identifies the materials contained on the CD, DVD or USB key, as follows:
USB Key: The cover letter should include a list of the files contained on the USB key, along with the title of proceedings, Court File #, Counsel Name(s), where applicable, and Party Name. If possible, the key should be labelled with the short style of cause and the Court File #.
CD or DVD: The CD or DVD should be labelled with the title of proceedings, Court File #, Counsel Name(s), where applicable, and Party Name. Include a list of the files contained on the CD or DVD in the cover letter.
Confirmation of Motions and Applications
133. Motion and application confirmation forms advise the trial coordinator that the matter will be proceeding as scheduled. As required under rule 37.10.1 and 38.09.1, a Confirmation Form (Form 37B or 38B) must be delivered or faxed to the trial coordinator for all motions and applications no later than 2:00 p.m. three days before the hearing date. A copy must also be faxed or emailed to the other party(ies). Parties or their counsel must ensure all confirmation forms are fully completed. Failure to do so may result in an adjournment and/or cost sanctions.
134. Subject to the discretion of the presiding judge, only the documents and material filed by parties or their counsel on the motion and specifically referred to in the confirmation form will be before the court.
Adjournments of Short Motions or Applications
135. If the trial coordinator receives an updated confirmation form advising that the parties have agreed to a consent adjournment by 2:00 p.m. the day before the short motion or application is returnable, the adjournment will be granted, subject to the discretion of the presiding judge. The updated confirmation form must specify the date to which the matter is to be adjourned, unless the motion has been settled.
136. Parties or their counsel are not required to attend before the presiding judge if the appropriate information relating to the consent adjournment is provided by 2:00 p.m. the day before the short motion or application is returnable. No confirmations will be accepted after 2:00 p.m. on the day before the motion or application is returnable.
137. If a consent or contested adjournment is sought after 2:00 pm on the day before the return of the short motion or application, counsel and/or the self-represented party should email or fax the trial coordinator that the motion will be adjourned or a contested request for adjournment will take place. It is the responsibility of parties or their counsel to address the motion in court in these circumstances.
138. Parties will be permitted three consent adjournments on a short motion or application. If a further adjournment is sought, parties or their counsel are required to attend in person, unless otherwise ordered by a judge.
Adjournment of Long Motions or Applications
139. The trial coordinator must be immediately advised of any adjournment requests for a long motion or application, and of any settlements prior to the hearing date. In particular,
- If a fixed date has been set for the long motion to be argued and a party wishes an adjournment, that request must be spoken to before a judge. The party must bring a motion on a regularly scheduled motions day to obtain the adjournment. If the adjournment is granted, the motion will be assigned to the Long Motions List.
- If a long motion to be argued during a given week has been adjourned, and parties consent to a further adjournment, the long motion may be adjourned by filing a consent with the trial coordinator at least three business days before the scheduled week.
- If a long motion to be argued during a given week has been adjourned, and parties do not consent to a further adjournment, the party seeking an adjournment shall bring a motion before a judge who is presiding at a regularly scheduled motions day. If the adjournment is granted, the motion will be assigned to the Long Motions List.
Ex Parte Motions
140. All ex parte motions in writing must be filed with the court office with payment of the applicable filing fee. They will be placed before a judge in chambers for review in the normal course. Ex parte motions may not be “filed” by delivering them to the trial coordinator for a judge to review, or by sending them by email or otherwise directly to a judge of the court.
Consent Orders in Civil Motions
141. Where parties or their counsel have agreed to a consent order in a civil motion scheduled for hearing, a fully executed consent, together with a draft order, must be sent to the trial coordinator with a motion Confirmation Form (Form 37B) by 2 p.m. three days before the scheduled hearing, as required by rule 37.10.1. The materials will be put before the presiding judge in chambers for review. If satisfied that the order should issue, the presiding judge will sign the draft order. The moving party or their counsel will be notified by the court that the order is ready to be picked up and entered. Unless otherwise advised by the court, parties or their counsel do not have to attend at court on the scheduled hearing date, which shall be vacated.
142. Where parties or their counsel have resolved a motion scheduled for hearing by way of a fully executed consent and draft order after the motion confirmation form is filed, the trial coordinator should be advised as soon as possible. The moving party or their counsel may attend at 9:30 a.m. on the morning scheduled for the hearing of the motion, and leave the consent and draft order with the courtroom registrar. The consent and draft order will be put before the presiding judge in chambers for review. If the presiding judge is satisfied that the order should issue, he/she will sign the draft order. The registrar will return the signed order to counsel to be entered.
B. Construction Liens
143 All construction lien actions will proceed in a summary fashion as envisioned by the Construction Lien Act, R.S.O. 1990, c. 30.
C. Trials
144. A civil action is set down for trial by filing a trial record. The filing of a trial record with proof of service shall be accompanied by a Trial Data Form.
Court Schedule
145. Each court location in the region holds trial sittings at different times throughout the calendar year. Trial scheduling courts for short civil trials (15 days or less) are held monthly in each of the court locations in the Central South Region. Dates for trial scheduling court and trial sittings can be found in the Central South Region’s Regional Court Calendar.
Short Trials
146. A short civil trial is a trial that is expected to be completed in 15 days or less.
Short Trials – Trial Scheduling Court
147. Upon filing of the trial record, the registrar shall provide the listing party or their counsel with the notice of trial scheduling court. Within five days of receipt, the listing party or their counsel must serve the notice of trial scheduling court on all other parties or their counsel.
148. In advance of trial scheduling court, the listing party is expected to obtain available trial dates from the trial coordinator and canvass those dates with the other parties. Parties are then expected to agree upon a date among the available trial dates.
149. Dates for short trials will then be assigned in one of the following methods:
- Where the parties agree to a trial date, they may file a written consent with the trial coordinator requesting that the agreed upon trial date/week be assigned to the case. If the trial coordinator receives the consent by 2:00 p.m. three business days before the scheduled trial scheduling court the parties do not need to attend trial scheduling court. The trial record will be endorsed in chambers.
- Where the parties do not agree to a trial date, they must attend to speak to the matter at trial scheduling court so that a trial date/week will be assigned.
150. Consent procedural orders, including consent adjournments of the trial scheduling court date, will not be granted at trial scheduling court.
151. All actions may be adjourned on consent to another trial scheduling court through the trial coordinator in advance of the trial scheduling court date. Parties or their counsel must file or fax a written consent for the adjournment, signed on behalf of all parties, with the trial coordinator by 2:00 p.m. three business days before the trial scheduling court date. An action listed on the trial scheduling court list may only be adjourned two times on consent without the parties having to appear personally at trial scheduling court. After two adjournments have been granted, all parties must attend trial scheduling court in person by or telephone conference call for a further adjournment.
152. Absent a consent adjournment, or a consent to place a matter on a trial sittings of the court, parties or their counsel are expected to appear in person at trial scheduling court, although they may, in the discretion of the presiding judge, attend by telephone conference call which will be received in the courtroom and will be “on the record”. A telephone conference call must be arranged through the trial coordinator by 2:00 p.m. three business days before the date of the trial scheduling court. Counsel attending by telephone conference call must give their office and cell phone numbers to the trial coordinator and must indicate the number at which they will be available for the conference call.
Long Trials
153. A long civil trial is a trial that is expected to take more than 15 days.
Procedure for Obtaining Long Trial Dates
154. Any matter placed on the long trial list is given a fixed date to commence and a judge will be available to hear the matter in its entirety. Once a matter is placed on the long trial list and a trial date is fixed, adjournments are rarely granted without significant costs ramifications.
155. All civil cases requiring more than 15 days in length for trial must be referred to the Office of the Regional Senior Justice. After a trial record is filed, cases are referred to the Office of the Regional Senior Justice for possible assignment to a long trial list in one of three ways:
- A judge may determine that a short trial should be referred to the long trial list. The judge will endorse the trial record accordingly and refer the case to the Office of the Regional Senior Justice.
- If all parties agree that a trial will last more than 15 days, a consent request for a long trial date can be delivered to the Office of the Regional Senior Justice.
- If all parties do not agree that a trial will last more than 15 days, any party may write to the Office of the Regional Senior Justice seeking a teleconference to determine whether the matter should be placed on the long trial list.
156. Where a matter is referred to the Office of the Regional Senior Justice for possible assignment to a long trial list, parties or their counsel must complete the Long Trial Sittings Intake Form, available on the Superior Court of Justice website and from the registrar in each courtroom or from the trial coordinator’s office. The form must be submitted to the Office of the Regional Senior Judge of the Superior Court of Justice, 45 Main Street East, Suite 721, Hamilton, ON, L8N 2B7 within 10 days of a party’s request for a long trial date, or an order of judge referring the case to the Office of the Regional Senior Justice for assignment of a long trial date.
157. The Office of the Regional Senior Justice will then arrange a conference call with parties or their counsel to assign the case to a particular long trial sitting and order a schedule to be followed to ensure that the case is ready for trial at the sittings to which it has been assigned. The matter will be determined by the Regional Senior Justice in a telephone conference call arranged with counsel or, if one of the parties is self-represented, at an “in court” attendance or by a telephone conference call which will be recorded by a court reporter.
Adjournment of Cases Set Down for Trial – Short and Long Trials
158. Once an action is placed on a short or long trial list, parties are deemed ready to proceed to trial as per rule 48.07. Cases scheduled for trial will proceed during a scheduled sitting week or designated trial week, or in the case of long trials, on the date scheduled for commencement of the long trial. Where a case is scheduled to proceed during a sitting week, parties or their counsel are expected to proceed when called.
159. All requests to adjourn a short trial or a long trial must be communicated immediately to the trial coordinator’s office.
160. To obtain an adjournment of a short trial, including a consent adjournment, a motion must be served and filed to be argued before a judge at a regular weekly motions day or at the monthly trial scheduling court, supported by affidavit evidence indicating the reason for the requested adjournment. An adjournment can only be granted by the order of a judge, even if all parties agree to the adjournment.
161. To obtain an adjournment of a long trial, including a consent adjournment, a motion must be served and filed, supported by affidavit evidence indicating the reason for the requested adjournment. The motion shall be returnable before the Regional Senior Judge or his/her designate.
162. Counsel and parties are responsible to advise the trial coordinator of the status of an upcoming trial. Some examples of the information which must be communicated to the trial coordinator, as soon as it is apparent to a party, include:
- settlement of the action or pending settlement of the action;
- whether it is likely that a request for adjournment will be sought;
- whether there will be any motions at the outset of the trial;
- whether the parties may consent to dispensing with a jury;
- the need for an interpreter to assist with the testimony of one or more witnesses; and
- the name of a particular judge who may not be able to preside due to a potential conflict.
Restoring an Action to a Trial List
163. An action that is struck off a trial list must be restored by order of a judge, obtained at a motion, pursuant to rule 48.11. An affidavit of counsel detailing the reason for the action being removed from the trial list, along with the current status of the action, shall be filed in support of the motion. If an action is restored to the trial list, the order shall include a specific trial scheduling court date or trial sittings, or in the case of a long trial, it shall be referred to the Office of the Regional Senior Justice.
Pre Trial Conferences – for Short and Long Trials
164. Pre-trials are mandatory in all civil cases for both short and long trials. Pre-trials are scheduled for 45 minute intervals. Parties or their counsel must obtain pre-trial dates from the trial coordinator and when scheduling the pre-trial, advise if additional time is required for complex actions. Failure to provide this information in a timely manner may result in an adjournment of the pre-trial and possible cost sanctions.
165. Pre-trial conference briefs must be filed, with proof of service five business days prior to the pre-trial date, pursuant to rule 50.04. Failure to comply may result in cancellation of the pre-trial and possible cost sanctions. Self-represented parties are not excused from filing a pre-trial conference brief.
166. Pre-trial conference briefs shall contain no more than 20 double spaced typed pages. Medical reports, contracts, experts’ reports and other documents are not to be attached. Relevant excerpts from such documents should be included in the typed pre-trial brief. The documents should be brought to the pre-trial conference in case the presiding judge needs to review one or more of them. The first page or two of the pre-trial brief should contain an “executive summary” of the case so that the presiding judge can quickly get a “snapshot’ of the facts and issues.
167. Parties are also strongly encouraged to deliver an electronic copy of the pre-trial conference brief to the email account at the Superior Court office where the pre-trial will be held at least five days before the pre-trial. Those email addresses are found at paragraph 135 above. The covering email should indicate the title of proceedings, the court file number, for which party the pre-trial conference brief is being submitted, counsel’s name or the party’s name where the party is self-represented, and the date of the pre-trial conference.
168. Counsel of record, or counsel fully briefed with full authority, must attend the pre-trial with their clients, unless there is a prior order excusing counsel and/or the instructing client from attending.
169. All parties are required to participate at the pre-trial conference unless otherwise ordered by the court in advance as per rule 50.05.
170. Arrangements for a pre-trial conference by telephone for any party must be made in writing and received at least 10 days in advance so that the presiding judge can determine if such a telephone attendance is appropriate.
D. Transfer of Cases
From Central South Region to another Region
171. If a party seeks to transfer an action commenced in the Central South Region to another region, a motion to transfer shall be filed in the court office of the county to which the transfer is sought (the receiving region), as per rules 4.05(2)4 and 13.1.02(3.1).
172. In the Central East, Central West and Toronto regions, the motion to transfer will be heard by the Regional Senior Justice, in writing. Please refer to section B of part IV of the Consolidated Provincial Practice Direction which sets out the process for motions to transfer a civil proceeding to the Central East, Central West, Central South and Toronto regions.
173. If the transfer is approved, the signed order must be issued and entered in the court location where the action was started and a requisition must then be made to transfer the file to the court location in the receiving region which has been approved in the signed transfer order.
From another Region to Central South
174. If a party seeks to transfer an action commenced in another region to the Central South Region, a motion to transfer shall be filed in the court office of the county within Central South to which the transfer is sought, as per rules 4.05(2)4 and 13.1.02(3.1).
175. The motion shall be heard by the Regional Senior Judge of the Central South Region, in writing. A copy of the materials and evidence of payment of the filing fee shall be sent to the Office of the Regional Senior Justice of the Central South Region. Please refer to section B of part IV of the Consolidated Provincial Practice Direction which sets out the process for motions to transfer a civil proceeding to the Central East, Central West, Central South and Toronto regions.
176. If the transfer is approved, the signed order must be issued and entered in the court location where the action was started and a requisition must then be made to transfer the file to the court location in the Central South Region which has been approved in the signed transfer order.
From one Superior Court location to another Superior Court location in the same Region
177. A motion to transfer a civil case from one location in the Central South Region to another location in the Central South Region should be brought in the court location in which the action was commenced.
178. If it is a consent motion, the motion shall be considered by the Local Administrative Judge at that court site. If it appears appropriate to transfer the case, before signing the order, the Local Administrative Judge will verify with the Local Administrative Judge of the court location to which the action is to be transferred that the case can be accommodated at that court site.
179. If it is not a consent motion, the motion shall be made returnable at a weekly motions court. If the presiding judge determines that the transfer order should be made, before signing the order he/she will verify with the Local Administrative Judge of the court location to which the action is to be transferred that the case can be accommodated at that court site.
E. Mortgage Proceedings
180. Pursuant to rule 13.1.01(3), Brantford, Cayuga, Hamilton, Kitchener, St. Catharines, Simcoe, and Welland are designated as places where mortgage proceedings may be commenced for property located anywhere in the Central South Region.
F. Class Actions: Proceedings under the Class Proceedings Act, 1992
181. Counsel or parties commencing a class action to be issued in the Central South Region are urged to read part II of the Consolidated Provincial Practice Direction, which applies to class proceedings throughout the province.
182. In the Central South Region, two judges have been designated as Class Action judges. The names of assigned Class Proceedings judges may be obtained from the office of the Regional Manager, Judicial Services for the Central South Region (telephone number (905) 645-5323; fax number (905) 645-5374). The Regional Manager should be notified in writing when a class action has been or is about to be commenced in the Central South Region.
G. Proceedings Heard in Hamilton by a Registrar in Bankruptcy
183. As of March 1, 2020 new Bankruptcy and Insolvency Act (Canada) matters to be determined by a Registrar in Bankruptcy under section 192 of the Act shall be filed and heard in Hamilton, provided that the matter originated in one of the following areas:
- Hamilton
- Norfolk
- Haldimand
- Brant
- Niagara
184. Matters originating in one of the above areas, but commenced in Toronto prior to March 1, 2020, will continue to be heard in Toronto, unless the court orders otherwise.
Dated: June 1, 2016
Amended: March 1, 2020; May 17, 2019; July 1, 2018 (Part II B [para. 13], Part II C [paras. 40, 43, 55]); May 1, 2017 (revocation of part III H (paragraphs 110 – 115))Geoffrey B. Morawetz
Chief Justice
Superior Court of Justice (Ontario)Harrison J. Arrell
Regional Senior Judge
Central South Region
- If the parties can agree to a date/week for the long motion or application to be argued, a confirmation in writing shall be filed with the trial coordinator at least three business days before the return of the originally scheduled motion (i.e., the regularly scheduled motions day). The written confirmation must indicate: