Notice to Profession in Central South Region

The most recent Notice to Profession and Public Regarding Court Proceedings issued by the Chief Justice (dated April 20, 2021) indicates the Court will defer as many matters as possible, including virtual hearings.   This Notice sets out how this will be implemented in the Central South Region.

In-person and/or virtual hearings currently in progress will be subject to the presiding judge’s discretion as to whether they will continue to proceed.

In the Central South Region, any matters presently scheduled from April 23rd, 2021 to May 7th, 2021 will be adjourned unless they are a CYFSA/Child Protection matter or a matter that is continuing at the discretion of the trial judge.

The Hamilton Sopinka Speak to Court currently scheduled for May 3, 2021 is now scheduled for May 10, 2021. The commencement of the Civil Trial Sittings will be delayed one week to May 17, 2021.

All family matters, except CYFSA/Child Protection matters, will be adjourned to a date to be set by counsel and the parties through the local trial coordination offices.

FRO matters scheduled between April 23rd and May 7th, 2021 will be adjourned to the respective June FRO lists. Specifically, the FRO list of April 28, 2021 in Hamilton Family Court will be adjourned to June 16, 2021 at 2:00 pm.

The Trial Readiness Court in St. Catharines scheduled for April 29th, 2021 is adjourned to May 13th, 2021.

The Welland Family Assignment Court scheduled for April 28, 2021 is adjourned to May 19, 2021.

NOTE:

Criminal Jury Trials in the Central South Region will not commence before July 5, 2021 at the earliest.

All criminal matters including criminal assignment court matters, not ordered to proceed, will be adjourned to the respective May 2021 criminal assignment courts to be spoken to, unless deemed urgent by the presiding judge. Please see attached order.

All matters on the civil assignment courts for the week of April 26th, 2021 are adjourned to the respective assignment court lists in June 2021.

All civil matters presently scheduled are adjourned to a date to be set by counsel and the parties through their respective local trial coordination offices.

Matters that are deemed urgent may be heard. The final determination of whether a matter is urgent will be made by a triage judge in accordance with the procedure outlined below.

CENTRAL SOUTH REGION

CRIMINAL MATTERS

URGENT

All requests for urgent hearings in criminal matters are to be set out in a letter (max 1 page) stating the relief requested and the reason why the matter is urgent. The request must be emailed to the Trial Coordinator at the respective court site as follows:

The letter will be reviewed by one of the criminal triage judges who will determine whether the matter is urgent. If it is deemed urgent, counsel will be emailed instructions on how the matter will proceed, and the volume of material that may be filed.

ADDITIONAL CRIMINAL MATTERS

All requests for criminal judicial pretrials for parties with counsel only may be made by contacting the respective trial coordinator by email (see list above). The judicial pretrial will be arranged as per the already established Central South protocol prior to COVID-19.

FAMILY MATTERS

URGENT

All requests for urgent hearings in family matters, aside from CYFSA/Child Protection matters, shall be made by submitting the attached form to the respective trial coordinator by email:

The form will be reviewed by one of the family triages judges who will determine if the matter is urgent. If it is deemed urgent, the parties will be emailed instructions setting out terms for filing, service, and any other directions for the hearing.

Electronic materials from each party are limited to 10MB unless the judge hearing the matter expressly grants an order permitting the filling of further material.

NON-URGENT MATTERS

All consent motions, basket motions, and motions in writing, in family matters will continue to be accepted. Filing are to be done through the portal as currently noted in the attached Notice.

CIVIL MATTERS

URGENT MATTERS

All requests for hearings in urgent commercial or economic matters, where there are employment or economic impacts, are to be set out in a letter (max 1 page) stating the relief requested and the reason why the matter is urgent. The request must be emailed to the Trial Coordinator at the respective court site as follows:

The letter will be reviewed by one of the civil triage judges who will determine whether the matter is urgent. If it is deemed urgent, counsel will be emailed instructions on how the matter will proceed, and the volume of material that may be filed.

The electronic material from each party is limited to 10MB unless the judge hearing the matter expressly grants an order permitting the material to be sent in multiple emails.

NON-URGENT MATTERS

All consent motions, basket motions, and motions in writing in civil matters will continue to be accepted. Filing are to be done through the portal as currently noted in the attached Notice.

Mr. Justice P. R. Sweeny
Regional Senior Judge – Superior Court of Justice
Central South Region

Issued: April 22, 2021