Court Operations in the East Region as of April 19, 2022
| This Notice applies to the East Region of the Superior Court of Justice and must be read along with applicable Provincial and Local Notices. Previous Regional Notices issued during the pandemic are hereby revoked. |
PURPOSE OF THIS NOTICE
The purpose of this notice is to provide guidance for counsel and litigants involved in court proceedings in the East Region as court operations emerge from restrictions required during the COVID-19 health emergency. This notice replaces the earlier notices issued in May of 2020 and March of 2021. It must be read in conjunction with the Consolidated Provincial Practice Directions issued by the Chief Justice.[1]
The East Region of the Superior Court includes ten judicial districts or counties serviced by courts in Ottawa, Kingston, Napanee, Belleville, Picton, Brockville, Cornwall, L’Orignal, Perth and Pembroke. Each of these centres is significantly different in terms of size, court facilities and judicial complement. There are local protocols and schedules in each judicial centre which cannot easily be incorporated into a single document. Where there are local notices, they will be hyperlinked to this document.
The Ottawa court is the largest judicial centre in the Region and one of the largest in the province. As such, it has specific administrative procedures for Criminal, Civil, Family & Child Protection matters and a Local Administrative Judge responsible for each of these areas of operation. Ottawa is also the only centre in the Region dealing with Bankruptcy & Insolvency, Divisional Court or matters before Associate Judges.
USE OF TECHNOLOGY
During the pandemic, the vast majority of court proceedings were conducted by way of videoconference and documents were filed and exchanged electronically. Although the lifting of public health measures permits a return to in-court appearances, the court will continue to utilize modern technology. Certain hearings will remain virtual or hybrid and the default mode of filing and presenting documents will remain electronic.
Parties participating in virtual hearings or hybrid hearings must comply with the court’s requirements for virtual hearings as posted on the court website and with any directions or orders of the presiding judicial officer. Link to Virtual Courtroom Etiquette
Lawyers and litigants are expected to file documents electronically unless it is impractical to do so. Directions regarding electronic filing of Civil, Family and Small Claims Court matters will be found on the court web site. In most cases documents are to be filed using Justice Services Online or in limited circumstances, by e-mail. Note that confirmation forms are to be filed by email (and not by fax). All documents for use in criminal proceedings are to be filed by email. Email addresses for each court centre are set out at the end of this notice.
Where so directed, parties will also be required to upload documents for use at a court hearing to a document sharing platform “Case Center”. Further information concerning the use of Case Center is available on the court website.
URGENT MATTERS
Urgent matters are matters which require immediate access to the court and for which it is impractical to follow the standard procedures. Generally, a matter is urgent if a court order is necessary to preserve life, liberty or property and time is of the essence. Requests for urgency are to be made by email.
The email shall succinctly describe the relief requested and why the matter is urgent and shall attach a draft of the proposed Notice of Motion or other originating document but not all of the materials for the hearing itself.
The request for urgency will be reviewed by a triage judge or associate judge and if accepted, the court will provide further direction.
All requests for urgent hearings are to be directed to the Trial Coordinator (or other designated office) at the appropriate court centre, using the specified email address.
If the matter is found to be urgent, the materials for the hearing are to be filed with the specific court offices as laid out under the sections dealing with Criminal, Civil and Family matters for each court centre.
PRESUMPTIVE MODES OF HEARING
The Chief Justice has published province wide guidelines for presumptive modes of hearing which may be found on the court website along with the principles that guide the application of the guidelines and when exceptions are appropriate. Link to Guidelines
The guidelines are subject to Regional and Local variation if circumstances require it. The following charts set out, in simplified form, the presumptive modes of hearing for the East Region.
SIMPLIFIED GUIDE TO PRESUMPTIVE MODES OF HEARING
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 | |||
| 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 | |||
| 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 appropriateSee 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:
- The Presumptive Modes of Hearing set out in this chart will apply to new matters scheduled after April 19th, 2022, throughout the Region unless an approved local directive states otherwise. (See transition section below) Local notices may also provide greater detail. Link to East Region Local Scheduling Notices
- 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.
- 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.
- 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.
- 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.
- Parties proposing a method of hearing other than the presumptive method 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.
- 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.
- 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 (including rates of COVID-19 in the community).
- These guidelines will be reviewed and revised as circumstances require.
- The email addresses for each court centre are set out below along with a link to any applicable local notice or direction. Please take careful note of the purpose of each email address.
TRANSITION:
The new presumptive modes of hearing as described above (including any local modifications) will apply to new matters scheduled after April 19, 2022 and will apply to all matters by a date to be fixed in each court location – generally no later than the end of August 2022.
In the interim, unless advised or directed otherwise, any case conferences, settlement conferences, pre-trials, motions or applications that were scheduled as virtual hearings prior to the effective date of this notice will remain virtual.
Running lists for motions or other events that are not pre-booked will continue virtually until otherwise directed. For matters that are pre-booked, or scheduled at a court appearance, parties will be advised of the mode of proceeding when the event is scheduled.
Whether or not they were scheduled to proceed virtually, criminal, civil and family trials will gradually transition to in-person unless the parties wish the trial to be virtual and the presiding judge agrees.
Criminal jury trials have already resumed. Civil jury trials will resume across the region commencing April 25, 2022.
April 14, 2022
The Honourable Calum U.C. MacLeod
Regional Senior Justice, East Region
LOCAL INFORMATION FOR OTTAWA (City of Ottawa)
Link to Ottawa Local Scheduling Notices:
E-mail contacts for Ottawa SCJ:
| Ottawa Trial Co-ordination: | OttawaSCJ.TC.Office@ontario.ca
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| Use this email for: 1. All urgent matters (except Associate Judges or Bankruptcy) 2. Requests for Dates for Criminal Matters (JPT, Pleas etc.)
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| Associate Judges’ Office: | Ottawa.associatejudges@ontario.ca
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| Use this email for: 1. Obtaining dates for civil pre-trials 2. Civil Case Conference dates with Associate Judges 3. Requests for case management of civil cases 4. Construction lien motions or references | ||
| Bankruptcy Office:
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Ottawa.SCJBankruptcy@ontario.ca | |
| Use this email for: 1. Urgent insolvency matters 2. Regular Bankruptcy dates
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| Ottawa Criminal Counter:
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Ottawa.Criminal@ontario.ca | |
| Use this email for: 1. Filing of all documents in criminal matters
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| Ottawa Family Counter:
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OttawaFamilyCourt@ontario.ca | |
| Use this email for: 1. Filing family law documents that cannot be filed on the portal 2. Dates for family & CYFSA matters (motions, case conferences, settlement conferences, etc.) 3. Filing 14B motions 4. Confirmation Forms | ||
| Ottawa Civil Motions Counter:
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Ottawa.SCJ.Courts@ontario.ca | |
| Use this email for: 1. Filing of in-writing motions or other documents for civil matters that cannot be filed on the portal. 2. Dates for regular civil motions or applications (under 2 hours) with judges or Associate Judges 3. Civil motion and application confirmation forms 4. Rule 7 approvals. | ||
LOCAL INFORMATION FOR KINGSTON (Frontenac County)
Link to Kingston Local Scheduling Notices:
E-mail contacts for Kingston SCJ:
| Kingston Criminal & Civil:
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Kingston.SCJ.Courts@ontario.ca | |
| Use this email: For all criminal & civil matters – urgent matters, request dates, file materials that cannot be filed on the portal, file confirmation forms. | ||
| Kingston Family Court Branch: | KingstonFamilyCourt@ontario.ca
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| Use this email: For all family court matters – urgent matters, request dates, file materials that cannot be filed on the portal, file confirmation forms. | ||
LOCAL INFORMATION FOR NAPANEE (County of Lennox & Addington)
Link to Napanee Local Scheduling Notices:
E-mail contacts for Napanee SCJ:
| Napanee Criminal & Civil:
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Napanee.SCJ.Courts@ontario.ca | |
| Use this email: For all criminal & civil matters – urgent matters, request dates, file materials that cannot be filed on the portal, file confirmation forms. | ||
| Napanee Family Court Branch: | Napanee.SCJ.Courts@ontario.ca
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| Use this email: For all family court matters – urgent matters, request dates, file materials that cannot be filed on the portal, file confirmation forms. | ||
LOCAL INFORMATION FOR BELLEVILLE (County of Hastings)
Link to Belleville Local Scheduling Notices:
E-mail contacts for Belleville SCJ:
| Belleville Urgent Requests:
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PSRHastingsPEC@ontario.ca | |
| Use this email: For any urgent requests in criminal, civil or family matters
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| Belleville Criminal, Civil & Family: | Belleville.SCJ.courts@ontario.ca
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| Use this email: For all other matters – criminal filing, family & civil filing that cannot be done on the portal, obtain dates in criminal, family or civil matters, file confirmation forms. | ||
LOCAL INFORMATION FOR PICTON (Prince Edward County)
Link to Picton Local Scheduling Notices:
E-mail contacts for Perth SCJ:
| Picton Urgent Requests:
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PSRHastingsPEC@ontario.ca | |
| Use this email: For any urgent requests in criminal, civil or family matters
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| Picton Criminal, Civil & Family: | Belleville.SCJ.courts@ontario.ca
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| Use this email: For all other matters – criminal filing, family & civil filing that cannot be done on the portal, obtain dates in criminal, family or civil matters, file confirmation forms. | ||
LOCAL INFORMATION FOR BROCKVILLE (United Counties of Leeds & Grenville)
Link to Brockville Local Scheduling Notices:
E-mail contacts for Brockville SCJ:
| Urgent Requests:
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SCJBrockvilleTC@ontario.ca | |
| Use this email: For any urgent requests in criminal, civil or family matters
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| Brockville Criminal, Civil & Family: | Brockville.SCJ.courts@ontario.ca
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| Use this email: For all other matters – criminal filing, family & civil filing that cannot be done on the portal, obtain dates in criminal, family or civil matters, file confirmation forms. | ||
LOCAL INFORMATION FOR PERTH (Lanark County)
Link to Perth Local Scheduling Notices:
E-mail contacts for Perth SCJ:
| Urgent Requests:
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Perth.SCJ.courts@ontario.ca
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| Use this email: For any urgent requests in criminal, civil or family matters
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| Perth Criminal, Civil & Family: | Perth.SCJ.courts@ontario.ca
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| Use this email: For all other matters – criminal filing, family & civil filing that cannot be done on the portal, obtain dates in criminal, family or civil matters, file confirmation forms. | ||
LOCAL INFORMATION FOR CORNWALL (United Counties of Stormont Dundas and Glengarry)
Link to Cornwall Local Scheduling Notices:
E-mail contacts for Cornwall SCJ:
| SCJ Trial Coordination:
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CornwallSCJTrialCoordination@ontario.ca | |
| Use this email: 1. For any urgent requests in criminal, civil or family matters 2. To obtain dates in criminal proceedings.
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| Cornwall Criminal Counter: | Cornwall.SCJ.courts@ontario.ca
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| Use this email: 1. To file documents in any criminal matter
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| Cornwall Civil Counter: | Civilscc.cornwall@ontario.ca
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| Use this email: 1. To obtain dates for civil motions 2. To file documents in civil proceedings that cannot be filed on the portal 3. To file confirmation forms in civil matters
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| Cornwall Family Court: | FamilyCourt.cornwall@ontario.ca
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| Use this email: 1. To obtain dates in family law & child protection matters 2. To file family court documents that cannot be filed on the portal 3. For confirmation forms in family & child protection proceedings. | ||
LOCAL INFORMATION FOR L’ORIGNAL (United Counties of Prescott & Russell)
Link to L’Orignal Local Scheduling Notices:
E-mail contacts for L’Orignal SCJ:
| Urgent Requests:
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LorignalTrialCoordination@ontario.ca
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| Use this email: For any urgent requests in criminal, civil or family matters
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| L’Orignal Criminal, Civil & Family: | Lorignal.SCJ.courts@ontario.ca
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| Use this email: For all other matters – criminal filing, family & civil filing that cannot be done on the portal, obtain dates in criminal, family or civil matters, file confirmation forms. | ||
LOCAL INFORMATION FOR PEMBROKE (Renfrew County)
Local Scheduling Notices for Pembroke:
E-mail contacts for Pembroke SCJ:
| SCJ Trial Coordination:
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PembrokeSCJTrialScheduling@ontario.ca
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| Use this email: 1. For any urgent requests in criminal, civil or family matters 2. To file documents for any criminal proceedings
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| Pembroke Civil & Family Counter: | Pembroke.SCJ.Courts@ontario.ca
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| Use this email: 1. To obtain dates in civil, family & trial protection matters 2. To file documents in civil, family or child protection matters that cannot be done on the portal.
3. To file confirmation forms in civil and family matters. |
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