Consolidated Practice Direction for the Central West Region

This Central West Consolidated Practice Direction, made pursuant to Rule 1.07(4), applies to all proceedings in the Superior Court of Justice, Central West Region.

This updated Practice Direction supersedes all previous region-specific Practice Directions and Notices to the Profession for the Central West Region.

Counsel and parties are also advised to refer to the relevant parts of:

• the Criminal Proceedings Rules.
• the Rules of Civil Procedure.
• the Family Law Rules.
• the Consolidated Provincial Practice Directions

TABLE OF CONTENTS

PART 1: PRELIMINARY MATTERS

A. Presumptive Modes of Appearance

		in-person	virtual	in writing
Criminal	Jury Trial	x
	Non-jury Trial	x
	Pre-trial Motions	x
	Guilty Pleas	x
	Sentencing Hearing	x
	Assignment Court /TBST/ First Appearance		x
	Summary Conviction Appeal		x
	Judicial Pre-trials		x
	Bail Hearings		x
	Bail/Detention Reviews		x
CIVIL AND FAMILY: ROTA Weekly Circuit in Guelph, Orangeville, Walkerton, and Owen Sound	Subject to judicial direction, all types of events scheduled during a “ROTA Day” will be heard in person notwithstanding the presumptive mode of hearing in the Guidelines.	x
Civil	Jury trial	x
	Non-jury trial	x
	Civil pre-trials		x
	Case conferences/Case Management		x
	Assignment Court /TBST Court		x
	Consent and unopposed Motions			x
	Short Motions		x
	Long Motions & Applications	x
Family	Early or Urgent Case Conferences		x
	Urgent Motions			X
	Case Conferences, Settlement Conferences and Trial Management Conferences	x
	Assignment Court /Trial Scheduling Conference		x
	Procedural & Consent Motions			x
	Short motions		x
	Long Motions	x
	Trials	x
	DRO conferences		x

1. Only where a timely request and there are clear and compelling reasons for a change of presumptive mode of hearing will a change be granted. If already scheduled, a new date will have to be scheduled depending on hybrid court availability.

Requests to Change the Presumptive Mode of Hearing

2. Any party seeking to change the presumptive mode of hearing for a criminal event must submit their written request with the Court at the earliest attendance and no later than when scheduling the event.
3. Any party seeking to change the Presumptive Mode of Hearing for a civil or family event must request, in writing, a virtual conference to seek the change PRIOR TO THE MATTER BEING SCHEDULED OR AT THE EARLIEST OPPORTUNITY upon the hearing being scheduled.  Please note that, if a change in the presumptive mode is granted, the scheduled hearing date will have to be adjourned to a new date where there are only virtual conferences being heard.
4. Requests for a change in the Presumptive Mode of Hearing within two weeks of the scheduled hearing date will NOT be considered.

B. Filing Court Documents

5. Court filed documents in criminal, civil and family proceedings must comply with the document standards set out in:
   • 01 of the Criminal Proceedings Rules;
   • 01 to 12 of the Rules of Civil Procedure;
   • The Family Law Rules and Consolidated Provincial Practice Direction for Family Proceedings
6. Court documents which do not comply with these document standards, including the use of 12 font, double spacing, margin minimums and compliance with the maximum length for any Court document, will NOT be accepted for filing (and therefore cannot be uploaded to Case Center).
7. Documents MUST be filed through the appropriate portal set out herein or the documents will be rejected.
8. The Court will only accept filings by e-mail or in-person for the following reasons:
   • For matters that are urgent, including requests for an urgent hearing;
   • Documents that must be filed for a Court date that is less than 5 business days away; and
   • Documents that must be filed for a deadline that is less than 5 business days away; or
   • Where alternate filing requirements are required due to an accessibility request.
9. All Payments and fees are due per policy and directive.
10. All documents for Criminal matters may be filed electronically at the following email addresses:

Brampton – Peel Region Courthouse	BramptonSCJcrimadmin@ontario.ca
Milton – Halton Region Courthouse	MiltonSCJCourt@ontario.ca
Orangeville – Dufferin County Courthouse	OrangevilleSCJCourt@ontario.ca
Guelph – Wellington County Courthouse	Guelph.SCJ.Courts@ontario.ca
Owen Sound – Grey County Courthouse	OwenSound.SCJ.Courts@ontario.ca
Walkerton – Bruce County Courthouse	Walkerton.SCJ.Courts@ontario.ca

11. In the circumstances outlined in paragraph 8 above, documents for civil and family matters may be filed electronically at the following email address:

Brampton – Peel Region Courthouse	BramptonSCJCourt@ontario.ca
Milton – Halton Region Courthouse	MiltonSCJCourt@ontario.ca
Orangeville – Dufferin County Courthouse	OrangevilleSCJCourt@ontario.ca
Guelph – Wellington County Courthouse	Guelph.SCJ.Courts@ontario.ca
Owen Sound – Grey County Courthouse	OwenSound.SCJ.Courts@ontario.ca
Walkerton – Bruce County Courthouse	Walkerton.SCJ.Courts@ontario.ca

12. Civil Court documents shall be electronically filed and/or issued by using the existing Civil Claims Online Portal or the new Civil Submissions Online Portal, as appropriate, in accordance with the Rules of Civil Procedure.
13. Confirmation forms for civil motions, family motions, and family conferences must be filed electronically to the following email address:

Brampton – Peel Region Courthouse	scjtrialofficebrampton@ontario.ca
Milton – Halton Region Courthouse	SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse	OrangevilleSCJTrialOffice@ontario.ca
Guelph – Wellington County Courthouse	GuelphOffice.SCJ@ontario.ca
Owen Sound – Grey County Courthouse	SCJGreyBruce@ontario.ca
Walkerton – Bruce County Courthouse	SCJGreyBruce@ontario.ca

14. Small Claims Court claims shall be filed through the Small Claims Online filing platform.
15. Family court documents shall be electronically filed and/or issued by using Family Submissions Online The portal is authorized to accept the electronic filing of most documents in a family law or child protection case, along with any necessary filing fees. New applications and motions to change can also be filed through this portal, along with requests for fee waivers.
16. In addition, several family court documents relating to a simple or joint divorce may continue to be filed electronically by using the Ministry’s Family Claims Online Portal, in accordance with the Family Law Rules.

C. Uploading Documents (Case Center)

17. Parties must ensure compliance with the requirements for uploading materials to Case Center set out in the respective Consolidated Provincial Practice Directions for Civil, Family, and Criminal matters, and the Guide to Requirements on the Superior Court of Justice’s Website. These materials can be accessed at the following links:
    Consolidated Provincial Practice Direction for Civil Proceedings
    Consolidated Provincial Practice Direction for Family Proceedings
    Consolidated Provincial Practice Direction for Criminal Proceedings
    Case Center in the Superior Court of Justice
18. It is the responsibility of the parties (and former counsel), upon receipt of the Case Center invite to forward an invite to new counsel or party if there has been a change in counsel or the contact information of the current counsel or party is incorrect.
19. Only Court documents which have been accepted for filing are to be uploaded to Case Center.  Should any party upload documents which have not been filed, the party must bring this to the attention of the presiding judge.
20. Case Center creates bundles for each file. Each bundle corresponds to a court attendance. It is essential that parties upload their documents to the bundle associated with that attendance.
21. Upon service and filing of documents, counsel must immediately upload the filed documents to Case Center. If necessary, counsel should contact the Court Administrative Office to obtain a Case Center invite for the event.
22. Case Center will be used for all criminal events except for the following events:
    • Trial Readiness Court;
    • Assignment Court;
    • Bail Estreatment; and
    • To Be Spoken To (TBST) matters.
23. Judicial Pre-Trial (JPT) briefs MUST be uploaded to Case Center.
24. Case Center is not to be used for any matter where the accused is self-represented. Self-represented parties may file their JPT briefs in person, or by email if directed by the Trial Coordinator’s Office.
25. Subject to a judicial order or endorsement, all scheduled civil and family events will use Case Center except for Assignment Court and Triage Court.
26. If a self-represented litigant is not able to use Case Center because of lack of access to technology, they can obtain help through Justice Services Online by contacting 1-800-980-4962 or by email at casecenter@ontario.ca.
27. In addition to the list of materials that should not be uploaded to Case Center outlined in the Consolidated Provincial Practice Direction for Family Proceedings, counsel and parties are not to upload:
    • Children’s Aid Societies (CAS) records;
    • Financial records where confidential identifying information has not been redacted;
    • Other private confidential documentation such as children’s health records; and
    • Affidavits for motions to get off the record unless the privileged information has been redacted. An unredacted affidavit must be made available to the hearing judge.
28. Counsel must set out in the Case Center materials that the documents above have been filed but not uploaded. Counsel must advise the Court at the commencement of the hearing that these documents have not been uploaded but have been filed with the court.

Release of Orders and Endorsements

29. Parties must refer to the Consolidated Provincial Practice Directions regarding the Release of Orders and Endorsements. In some cases, where the Court has reserved, the presiding judge may arrange to send a copy of the reasons or endorsement to the parties via email.

PART 2 – CIVIL PROCEEDINGS

A. Motions to Transfer a Civil Proceeding

30. All requests for a transfer of a civil proceeding from one judicial region to another must comply with Rule 13.01.02 of the Rules of Civil Procedure and the Consolidated Provincial Practice Direction for Civil Proceedings.
31. The Court may, on its own initiative in exceptional circumstances, at a motion or other hearing, transfer the proceeding to another judicial region where appropriate.

B. Designated Counties for the Commencement of Mortgage Proceedings

32. Pursuant to Rule 13.1.01(3) of the Rules of Civil Procedure, Brampton, Milton, Orangeville, or Owen Sound have been designated as the place for commencement of mortgage proceedings for property located anywhere in the Central West Region.

C. Motions in Writing

33. Where all interested parties agree that a motion may be decided on written materials and by written submissions (without an attendance in person or virtually), then the parties must agree on a timetable and when all Court documents are ready, file same with the Court in accordance with Part 1, section B. Uploading to Case Center is NOT required. Motions in writing will be forwarded to a presiding judge to be dealt with as expeditiously as possible.

D. Basket Motions

34. Basket Motions must be filed with the Court in accordance with the filing requirements set out above. Uploading to Case Center is NOT required.
35. Simple, procedural, consent and known uncontested matters must be filed or brought as a basket motion. A draft Order in WORD format must be filed. It is up to the judge reviewing the basket motion, to ask for further submissions, refer part or all the matter to a viva voce hearing, determine whether to direct that notice the motion be served on other side and/or direct the matter be heard in open court.
36. Where these are brought on a regular or short motions list, the motion judge will direct the party to file the basket motion and may make a cost award against the party bringing the regular motion.
37. Contested motions (and those anticipated to be opposed or unknown whether they will be opposed) should notbe scheduled or heard as basket motions. These motions should be scheduled and heard in a motions Court.

E. Short Motions and Applications (less than one hour)

In Brampton:

38. Counsel and parties must go to https://calendly.com/brampton-scj for Brampton to schedule their Short/Regular Motion except where a self-represented party does not have the technology or ability to access the internet, in which case the self-represented party may schedule the Short/Regular Motion by telephone. Calendly will not accept scheduling for a motion within 10 days of the hearing date. Short/Regular Motions will not and cannot be scheduled by the Trial Coordinator’s Office by email or by telephone.
39. Parties and counsel are encouraged to consult the Superior court of Justice’s tip-sheet on the use of Calendly to book events, available on the court’s website here: Calendly Tip Sheet for Counsel and Self-Represented Parties
40. To schedule a Short/Regular Motion, counsel or parties using Calendly are required to provide the Court certain confirmations and/or undertakings. Failure to comply with these undertakings and confirmations may result in consequences to counsel and/or the parties because the failure to do so impacts on the efficient administration of justice. Such consequences may include cost awards or being summoned to a conference by the RSJ or the RSJ’s designate to explain the non-compliance.
41. Any cancellations or adjournments using Calendly must be on consent.
42. Cancellations and adjournments will not be accepted on Calendly within 10 days of the scheduled hearing date.  The parties will have to attend at the hearing unless adjourned by judicial direction.
43. If a Short/Regular Motion is re-scheduled to a later date, it is the responsibility of Counsel or the Parties to ensure that the previous scheduled motion date is vacated in Calendly.

In Milton, Guelph, Orangeville, Walkerton, and Owen Sound:

44. Short/Regular Motions should be scheduled by emailing the Court requesting available dates at:

Milton – Halton Region Courthouse	SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse	OrangevilleSCJTrialOffice@ontario.ca
Guelph – Wellington County Courthouse	GuelphOffice.SCJ@ontario.ca
Owen Sound – Grey County Courthouse	SCJGreyBruce@ontario.ca
Walkerton – Bruce County Courthouse	SCJGreyBruce@ontario.ca

Filing and Uploading Motion Materials

45. The moving and responding parties must comply with the Filing requirements set out above in Part 1, section B.
46. Except pursuant to a judge’s express direction, late filing of or uploading of short/regular motion materials (or those which fail to meet document standards or exceed the prescribed length or formatting) cannot or will not be accepted by the Court staff nor by Judicial Assistants and therefore cannot be uploaded to Case Center.
47. The request and reasons for late filing or uploading of motion materials will have to be addressed to the presiding motions judge, who will determine whether the motion proceeds with or without the late-served materials or is adjourned.  Adjournments and cost consequences may result.
48. Parties must give careful consideration to what is to be covered in the hearing time, the pace at which documents and authorities can reasonably be reviewed, and the time needed for oral argument on the issues raised. This consideration should extend to:
    • The number of issues which can properly be dealt with in oral argument, and
    • The number of authorities actually required in order to establish the legal propositions relied upon.
49. Inaccurate estimates for the time required for hearings may result in a case being adjourned (either before or during the hearing) and rescheduled for a realistic time estimate with no expedition of the rescheduling. There may also be costs consequences.

Confirmations

50. A Confirmation (Form 37B or 38B) must be filed:

• By the moving party by 2 pm, five business days before the hearing; or
• The responding party by 10 am three business days before the hearing.

51. The parties or their counsel should consult with each other prior to filing their Confirmations unless the parties are self-represented and prohibited from communicating by Court order.
52. Where a Confirmation has not been filed by at least one party, the short motion will not proceed, and the date will be vacated.
53. The Confirmation must only list the specific issues that are to be decided at the event.  They should also indicate which materials the judge should review with clear reference to the specific volume, tab, and page numbers.  Referring to “all” prior affidavits or documents is not appropriate and will be ignored. Referring to documents that the party does not intend to refer to in submissions is discouraged and may be a factor in determining costs.
54. The Confirmation must also include an appropriate time estimate for submissions on all issues in the motion including time required by the other party.  If a party chooses not to make submission on an issue, the Court is entitled to consider that the party has abandoned that specific issue.

55. Confirmation forms must be uploaded to Case Center into the correct bundle.

Uploading to Case Center

56. As set out above, uploading of all filed motion materials must be done on or before the day and time for filing a Confirmation.

F. Long Motions (more than 59 minutes); Applications and all Summary Judgment Motions (collectively referred to as “Long Motions”)

APPLICABLE TO BRAMPTON AND MILTON

Initiating a Long Motion

57. A complete Motion Record or Application Record is to be served by the moving party with a return date of “TBA”.
58. Parties must comply with the Rules of Civil Procedure or the Family Law Rules with respect to service and delivery of responding materials.

Timetabling the Necessary Steps

59. The parties must discuss and, if possible, agree on a timetable for completion of all the necessary steps to be ready to proceed with the hearing of the matter.
60. Any timetable agreed upon by the parties must be in writing and can be forwarded to the Court to form a Court order. Any timetable agreed upon by the parties in writing or Court ordered as considered “peremptory” on all parties.
61. If the parties or their counsel cannot agree on a timetable for the hearing of the motion within 45 days of the service of the Moving Party Record, any party can request an attendance at Triage Court to set a timetable using the Requisition to Attend Long Motion Triage Court Form, available here: https://www.ontariocourts.ca/scj/files/forms/cw/Brampton-req-triage-form-en.docx.
62. Once the parties have complied with the agreed upon or Court ordered timetable, any party can request an attendance at Long Motion Triage Court seeking a hearing date.

Triage Court:

Currently in Brampton and in Milton

63. The Triage Court will deal with any scheduling, contested issues and setting a hearing date for these types of matters.
64. In Brampton, Triage Court will be held virtually on Tuesday mornings commencing at 9:00 am. Each matter will be limited to 10 minutes or less. NO MORE. Gowns are not required.
65. In Milton, Triage Court will be held virtually on Thursday mornings at 9:00 am. Each matter will be limited to 10 minutes or less. NO MORE. Gowns are not required.
66. The party/counsel requesting an attendance at Triage Court must complete the attached Requisition to Attend Triage Court and email the form to:
    In Brampton: scjtrialofficebrampton@ontario.ca; and
    In Milton: SCJHaltontrialoffice@ontario.ca.
67. The party obtaining the date will be advised of the date they are scheduled for the Triage Court.  It is the responsibility of the party obtaining the date to IMMEDIATELY advise all other interested parties in writing (and keep proof of doing so should the Court require production of proof of service).

Transition for Milton

68. For these matters which already have a hearing date AND have complied with the Practice Direction, those hearing dates remain, unless any of the parties seek an attendance at the Triage Court.
69. If parties have not complied with the Practice Direction, they will be advised they must attend Triage Court to confirm they have an agree upon timetable and confirm/obtain a hearing date.
70. It is expected (and hoped) that hearing dates will be available within two months, most of which will be scheduled for Mondays, Wednesday and some on “week of” dates.

Adjournments/ Settlements

71. If on consent, the parties can adjourn a Long Motion provided that the TCO is notified at least 7 days prior to the hearing, after which the parties are required to attend the Long Motion hearing date.
72. Adjournments of the hearing date within 7 days will only be granted (even if on consent) where there are clear and compelling reasons beyond the control of the parties requiring an adjournment.
73. If a Long Motion is adjourned, the parties will have to re-attend at a Triage Court to obtain a new hearing date.  The matter will NOT be given priority over other matters.
74. If a matter is settled, the parties are to advise the TCO IMMEDIATELY.  The motion will be noted as such in the Court files.

Facta and Compendiums

75. A factum (or Summary of Argument) is required on all long motions. If the moving party does not file a factum as required by any timetable set or agreed upon or as required by the Rules, the motion date will be cancelled.
76. Except with leave of the Court, facta are limited to 20 pages.
77. A Compendium containing of the Court filed documents and excerpts of the evidence essential to the hearing of the motion may be uploaded to Case Center for long or complex motions.  Where possible, the parties should agree on a Joint Compendium.

Confirming the Long Motion (7 days before the motion)

78. Unless otherwise directed by a judge:
    • All long motions must be confirmed by all interested parties by filing Confirmation Forms no later than by 2pm, 7days prior to the hearing date. Failure to file a Confirmation Form by at least one party will result in the long motion hearing date being vacated and made available to other parties on a short notice basis.
    • Where a Confirmation Form has not been filed by either party, the motion will not proceed, and the date will be vacated.
    • The Confirmation Form must list the specific issues that are to be addressed at the event.  “All issues” is not acceptable. The form should also indicate which materials the judge should review.  Referring to all prior affidavits or documents which have not been uploaded to Case Center is not appropriate.
    • The Confirmation Form must also include an appropriate time estimate for the entire motion including time required by the other party.
79. Confirmation forms must be uploaded to Case Center into the correct bundle.

APPLICABLE TO LONG MOTIONS IN ORANGEVILLE, GUELPH, WALKERTON, AND OWEN SOUND

Scheduling a Long Motion

84. Motions that are expected to take an hour or longer (including the other party’s reply and cross-motion, if any) must be scheduled as long motions and scheduled through the Trial Coordinator’s Office in the location where the motion is to be heard.
85. To obtain a long motion date from the Trial Coordinator’s Office in these centres, counsel/litigants must:
    • Unless the long motion is ex parte, confer with the opposing party to identify possible dates for the long motion and to discuss the estimated time required for the motion;
    • The moving party then must obtain a long motion date from the Trial Coordinator’s Office from the Courthouse where the motion is to be heard. When obtaining a date, counsel and litigants must advise the Trial Coordinator’s Office the estimated time required for the long motion; and
    • After the long motion date has been obtained, the moving party must serve and file their motion materials within 10 days(Notice of Motion, supporting affidavits and a draft Order) along with the Proof of Service. Subject to an order from a judge, failure to do so may result in the hearing date being vacated.
86. The parties are to proceed to agree upon a written timetable for the long motion. If counsel and the litigants are NOT able to agree to a timetable within 30 days of obtaining the hearing date, either party can request a procedural conference before the LAJ, RSJ or the RSJ’s designate to set a Court ordered timetable.  The Court may consider costs if a party is withholding agreement to a reasonable timetable proposal or is deliberately delaying the hearing of the motion.
87. If there is a disagreement or an issue with the hearing date obtained by a party, the opposing party(s) may seek a conference before a judge to provide directions and orders with respect to the long motion hearing date.

Adjournment of Long Motions

91. Adjournments of long motions are strongly discouraged. Counsel and parties should expect that unnecessary adjournments will attract cost awards.
92. If all parties consent in writing, more than 21 days prior to the long motion hearing date, that the long motion is to be adjourned, one of the parties may write to the Court (copied to all other parties) setting out:
93. The request for an adjournment;
94. That it is on consent of all interested parties;
95. Only one adjournment will be granted on consent.
96. Counsel and the parties will be given the next available long motion date. Counsel and litigants should not expect to be given an earlier date because of the consent adjournment.
97. If counsel or a party seeks an opposed adjournment, more than 21 daysprior to the long motion hearing date, the party seeking the adjournment shall obtain from the Trial Coordinator’s Office a virtual attendance before a judge who will determine whether to grant the opposed adjournment of the long motion date or make an order for directions regarding the long motion.
98. Any adjournments sought within 21 days of the long motion hearing date, will have to be made to the motion’s judge on the scheduled hearing date.
99. A copy of the timetable agreement or Court ordered timetable must be provided to the motions judge.
100. If an adjournment is granted, all counsel and parties must bring and have available their Costs Outlines to permit the motions judge to deal with the issue of costs of the adjournment and to make any other order for directions.

Confirming the Long Motion (7 days before the motion)

101. Unless otherwise directed by a judge:
102. All long motions must be confirmed by all interested parties by filing Confirmation Forms no later than by 2pm, 7days prior to the hearing date. Failure to file a Confirmation Form by at least one party will result in the long motion hearing date being vacated and made available to other parties on a short notice basis.
103. Where a Confirmation Form has not been filed by either party, the motion will not proceed, and the date will be vacated.
104. The Confirmation Form must list the specific issues that are to be addressed at the event.  “All issues” is not acceptable. The form should also indicate which materials the judge should review.  Referring to all prior affidavits or documents which have not been uploaded to Case Center is not appropriate.
105. The Confirmation Form must also include an appropriate time estimate for the entire motion including time required by the other party.
106. Confirmation forms must be uploaded to Case Center into the correct bundle.

Facta and Compendiums

107. A factum (or Summary of Argument) is required on all long motions. If the moving party does not file a factum, the motion date will be cancelled. Except with leave of the Court, facta are limited to 20 pages.
108. Unless otherwise ordered by the Court:
     • The moving party’s factum must be served and filed three weeks prior to the hearing date. 
     • The responding party’s factum must be served and filed two weeks prior to the hearing date.

96. A Compendium containing of the Court filed documents and excerpts of the evidence essential to the hearing of the motion may be uploaded to Case Center for long or complex motions.  Where possible, the parties should agree on a Joint Compendium.

G. Urgent Motions or Applications (including Construction Act motions)

97. Any Motion/Application filed by a party as “urgent motion or application” will first be reviewed by a judge based on a review of the Notice of Motion/Application and supporting materials to determine whether the matter is indeed urgent and, if so, provide directions for the matter to be heard.
98. If the judge determines that the matter is NOT urgent, then the party bringing the Motion/Application will be advised of this decision and/or be given specific directions as the case may require.
99. Construction Act motions to vacate liens or other proposed interlocutory relief, may be brought as urgent motions.
100. In all cases, except where ordered by the Court, the urgent motion or application materials and endorsement must be served on all other interested parties.
101. Counsel and parties who wish to schedule an “urgent motion” must contact the Court Administrative Office.
102. Counsel will have to provide a letter setting out:

• Why the matter is urgent;
• The nature of the relief sought;
• Whether the matter will be on notice or not;
• Whether the motion materials are ready to proceed;
• A time estimate for the motion; and
• A draft Order.

103. Setting out arguments or submissions in the letter as to the merits of the proposed motion or application is not appropriate.  If the matter ought to be on notice, the moving party shall serve the urgent motion materials and the endorsement in response to the request to the opposing side(s).
104. Where possible, the motion materials should be provided for a judge to review. The Trial Coordinator’s Office will provide the letter/materials to a judge to determine whether and how the matter is to proceed as an urgent motion.  The moving party will be advised accordingly.

H. Costs in Civil Motions and Applications

105. The parties should resolve the quantum of costs prior to the hearing and advise the motion’s judge of any resolution or that they have been unable to agree on the issue of costs.
106. Unless the parties have agreed on the quantum of costs, all counsel appearing on motions and applications must attend the hearing with their Costs Outline in accordance with Rule 57.01 and be prepared to provide the cost outlines to the presiding judge.  If a Costs Outline is not available to be given to the presiding judge, the judge may decline to make any costs award in favour of the defaulting party.

I. Setting Down for Trial and Assignment Court

107. Once the trial record is set down for trial pursuant to Rule 48, Rule 48.04 sets out the consequences of setting the action down for trial. Rule 48.04 provides that a party who sets an action down for trial or consents to placing the action on the trial list cannot initiate or continue any form of discovery or interlocutory motion without leave of the Court.  Leave will be granted only in rare circumstances.
108. The Registrar will provide an Assignment Court date to the party who set the action down for trial.  The party setting the action down for trial must ensure that all interested parties are properly identified in the Notice of Assignment Court.
109. At the Assignment Court, the action will, unless there are exceptional circumstances, either be placed on a trial list or struck from the trial list.  If placed on a trial list, all parties are deemed ready for trial.
110. To restore an action that has been struck from the trial list, the parties must obtain an order granting leave from a judge under Rule 48.11 to restore it to the trial list.  An order can be obtained by writing to the Court, on the consent of both parties, confirming that all parties are now ready to proceed to trial.  Upon receipt of such a request, the matter will likely be placed on the next Assignment Court date without a further attendance.

J. Pre-Trials

111. In Brampton, Pre-Trial dates will be scheduled at the Assignment Court. In all other centres, the parties should contact the Trial Coordinator’s Office to obtain a pre-trial date, at which they will receive an Assignment Court date or a trial date.
112. Pre-trial dates will, where possible, be scheduled within 120 days of the first day fixed for trial or the commencement of the sittings.
113. Counsel and parties must comply with Rule 50 including that parties with authority to settle must attend pre-trial hearings.
114. All parties are to cooperate on the completion of the Pre-Trial Form (attached to this Practice Direction) well in advance of the Pre-trial date.  To the extent that the parties cannot agree on certain items in the Pre-Trial Form, each party(s) may file their own Pre-Trial Form highlighting only the items that remain in dispute. This must be uploaded to Case Center.
115. Failure to cooperate on the completion of the Pre-Trial Form may result in cost consequences and/or the adjournment of the Pre-Trial or Trial date.
116. The fact that the parties agree on certain matters does not bind the pre-trial conference judge to accept the agreement with respect to the process to be followed or completion of the Pre-trial Judge’s Report under Rule 50.08.
117. The parties must comply with the provisions of Rule 53.03 with respect to expert reports and deliver the Certificate referred to in Rule 50.03.  Failure to deliver all expert reports at least 90 days prior to the pre-trial will likely attract a cost sanction and other directions and terms may be imposed by the pre-trial judge including an order prohibiting expert testimony by any expert whose report was not served in compliance with this Rule.

K. Adjournment of Trial Dates

118. Adjournment of scheduled trial dates will be rarely given, even when on consent.
119. Any requested adjournments must be by way of motion record and will be heard by the RSJ or the LAJ or the RSJ designate.

PART 3 – FAMILY PROCEEDINGS

Counsel and parties must comply with the Consolidated Provincial Practice Direction for Family Proceedings.

A. Mediation and other Court-Connected Resources

120. Parties should consider the use of processes that facilitate early resolution of parenting and financial disputes.  These include:
     • Local family law, separation and divorce resources: Litigants are encouraged to access parenting education programs, counselling services, supervised contact/parenting time, parenting coordination and other related services. Information about these services is available through the Family Law Information Centres.
     • Mandatory Information Programs (MIP): Parties are required to attend a MIP at an early stage of the proceeding with limited exceptions. Virtual MIPs are available in centres across Ontario.  Information about how to register for the MIP is available through the Family Law Information Centres.
     • Mediation: Affordable, court-connected mediation services are available in connection with all SCJ centres. Contact information for local mediation service providers is available here. Referrals to private family mediation services are also available through professional organizations like Ontario Association for Family Mediation (OAFM)and Family Dispute Resolution Institute of Ontario (FDRIO).
     • Family Court Support Workers: The Family Court Support Workers Program provide direct support to victims of domestic violence who are involved in the family court process.

B. Automatic Orders

121. An order will be issued administratively (i.e., automatically) when certain claims are made in an Application, Motion to Change or Answer in accordance with Rule 8.0.1 of the Family Law Rules. These automatic orders require each party to comply with their financial disclosure responsibilities.
122. The party who commenced the claim will receive a copy of the Automatic Order and MUST serve it on the opposing parties.  An Affidavit of Service should be filed and uploaded to Case Center.
123. Rule 13(3.1) of the Family Law Rulessets out which documents MUST be included with a Financial Statement where child or spousal support has been sought. An updated Certificate of Financial Disclosure must be provided to the other party.
124. A party who has not made all reasonable efforts to comply with their disclosure obligations may be subject to a cost sanction, directions/terms imposed and/or the adjournment of any motion brought by that party until compliance.  In egregious cases, upon motion, continued non-compliance may result in a party’s pleadings being struck or found in contempt of court.

C. Early Case Conferences – Milton Only

125. Parties can seek an Early Case Conference (ECC) from the Trial Coordinator’s Office to:
     • Attempt to put temporary arrangements in place to avoid the need for a motion or other urgent attendance; and,
     • Obtain early procedural directions including determining what the next step should be and whether any part of the case needs to be expedited.
126. ECC’s are NOT to replace Case Conferences or to jump ahead in the queue for scheduling a Case Conference.
127. The ECCs are generally on Mondays at 9:30 am.  ECCs are strictly limited to:
     • Where there has not been a Case Conference;
     • Where the issue or issues are urgent;
     • Where there are only one or two issues to be raised at the ECC;
     • Where the ECC will take no more than 10-15 minutes;
     • If financial issues are to be discussed, updated financial statements must be filed or available to the Court; and
     • ECC briefs are limited and must not exceed five double spaced pages setting out their positions and must not include lengthy attachments.
128. Both parties must certify they have fully discussed the issues to be dealt with at the ECC with the other side before their attendance at Court for the ECC.  If the parties have not discussed the issues fully in advance of the conference, the ECC may be cancelled or rescheduled to the next regular case conference date.
129. Once scheduled, counsel and the parties are required to attend the ECC.
130. Brampton no longer schedules Early Case Conferences.

D. Triage Court – Currently in Brampton on Tuesdays and in Milton on Thursdays

131. In Brampton and Milton, the following matters may be dealt with at Triage Court:
     • Consent matters;
     • Requests for setting a peremptory timetable for long motions; and
     • Where long motions are ready for a hearing, schedule a long motion hearing date.
132. To be placed on the Triage Court list, counsel or parties, where they are self-represented, shall file a Triage Court Requisition Form with the Trial Coordinators’ Office at least two business days before the Triage Court date.

E. Direct to a Combined Case/Settlement Conference

133. To encourage litigants to resolve appropriate disputes through a form of family dispute resolution, requests can be made to obtain the Court’s permission to move directly to a combined case conference/settlement conference where the parties have tried to resolve the disputed issues through mediation or a Legal Aid Ontario settlement conference.  These requests can only be made where the parties are able to confirm that:
     • There are no outstanding temporary issues; and
     • Neither party is seeking additional disclosure from the other party.
134. These requests can be made by filing a 14B Motion Form along with Form 17G: Certificate of Dispute Resolution which is available at: https://ontariocourtforms.on.ca/en/family-law-rules-forms/17g/.
135. If granted, the parties must file all the required Settlement Conference materials set out below.

F. Case Conferences

OBTAINING A DATE IN BRAMPTON

136. Counsel and parties must go to https://calendly.com/brampton-scjto schedule their Conference except where a self-represented party does not have the technology or ability to access the internet, in which case the self-represented party may schedule the short/regular motion by telephone. The Trial Coordinator’s Office will not schedule conferences by phone or by email.
137. Calendly will not accept scheduling a Conference within 10 days of the hearing date. If a Conference is re-scheduled to a later date, it is the responsibility of counsel or the parties to ensure that the previously scheduled conference date is vacated in Calendly.
138. In the event of a re-scheduling, it will be up to counsel and parties to find the next available date for the Conference. Parties must discuss their availability and make best efforts to consent to a date and time for their appearance. Once a date and time has been selected, either party (but only one) in the action will follow the prompts and complete the Calendly process by providing certain undertakings and confirmations to the Court.
139. The following is a link to a tip-sheet on the use of Calendly to book events; Calendly Tip Sheet for Counsel and Self-Represented Parties.
140. To schedule a Conference, counsel or parties using Calendly are required to provide to the Court certain confirmations and/or undertakings. Failure to comply with these undertakings and confirmations may result in consequences to counsel and/or the parties. The failure to do so impacts on the efficient administration of justice. Such consequences may include cost awards or being summoned to a conference to be conducted by the Regional Senior Justice (RSJ) or the RSJ’s designate to explain the non-compliance.
141. Upon completing the Calendly process, the requestor (person who scheduled the hearing) will receive an automated email confirming their request and outlining next steps to secure their date with the Court. It is the responsibility of the requestor to forward all emails related to the Calendly event to other interested parties in the action.
142. Any cancellations or adjournments using Calendly must be on consent. Cancellations and adjournments will not be accepted on Calendly within 10 days of the scheduled hearing date.
143. Adjournment requests “not on consent” or within 10 days of the scheduled Case Conference, must be obtained from the RSJ or the Local Administrative Judge (LAJ) prior to the Case Conference.  The party seeking the adjournment must demonstrate that there are exceptional circumstances to warrant the adjournment. Terms or costs may be awarded pursuant to FLR 17(18).
144. If a further date is obtained in Court during the hearing, it is the responsibility of counsel and/or the parties to immediately reserve that date in Calendly.  Failure to do so may result in a further adjournment. This applies whether or not the further date is set out in the Court’s endorsement.

OBTAINING A DATE AND FILING IN MILTON, GUELPH, ORANGEVILLE, WALKERTON, AND OWEN SOUND

145. Conference should be scheduled by emailing the Court requesting available dates at:

Milton – Halton Region Courthouse	SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse	OrangevilleSCJTrialOffice@ontario.ca
Guelph – Wellington County Courthouse	GuelphOffice.SCJ@ontario.ca
Owen Sound – Grey County Courthouse	SCJGreyBruce@ontario.ca
Walkerton – Bruce County Courthouse	SCJGreyBruce@ontario.ca

146. Filing restrictions relating to family events are included in the Consolidated Provincial Practice Direction for Family Proceedings.
147. Late filing: Neither the Court staff nor Judicial Assistants can or will accept late Conference briefs or Conference briefs which do not comply with the restrictions regarding the length or proper formatting of filed documents. Requests to file and upload late Conference briefs must be made to the presiding judge and may result in an adjournment and/or cost consequences to the non-compliant party.

APPLICABLE TO ALL CENTRAL WEST CASE CONFERENCES

Case Conference Briefs (Max. 8 pages)

148. Parties must serve and file a Case Conference Brief (Form 17A) in accordance with the Family Law Rules.Case Conference Briefs must not exceed 8 pages, plus permissible attachments (as described in the Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice) and additional documents that are required by the Family Law Rules. This 8-page limit includes the brief itself (Form 17A) and includes any additional pages of facts and/or arguments that are attached to the brief as an appendix or schedule.
149. If disclosure is not resolved prior to the Case Conference, any party seeking disclosure must include in their materials a detailed list of the outstanding disclosure (attached to the 8-page brief).
150. The Case Conference Brief should expressly set out any orders that a party seeks to have the Court make at the Case Conference. The Case Conference judge has jurisdiction to make substantive orders in appropriate cases, where requested, in a Case Conference Brief.  FLR17(8) (b.1).

Requirement to Confer and Make Disclosure PRIOR to Case Conference

151. Prior to attending at a Case Conference, the Family Law Rules require the parties to confer and discuss resolution of the outstanding issues. Failure to do so may result in the Case Conference being adjourned. The practice of asking a judge to hold the matter down to allow for the parties to confer during the conference is inappropriate and contrary to the statutory obligation on the parties to confer prior to a Case Conference and the conference judge may not be able to accommodate such requests.
152. Parties should canvass what motions are required at the Case Conference and attempt to resolve temporary issues at that time. If they are unable to resolve the temporary issues and the matter cannot be addressed by a procedural order by the conference judge, a specific and identified issues for a motion can be scheduled and timetabled at the Case Conference.

Confirmation Form

153. The parties are to communicate with each other in advance of completion of the Confirmation Form, unless the parties are prohibited from communicating by Court order or terms of recognizance, or there are concerns about family violence and the alleged abusive party is not represented by counsel. This requirement applies for all attendances, including those that have been made peremptory by Court order.
154. When completing the Confirmation Form for a motion or conference, parties shall list the specific issues that need to be addressed at the event. Advising the Court that “All issues” are to be discussed is NOT acceptable.
155. Confirmation Forms are to be filed and uploaded to Case Center. Unless a Confirmation Form is filed by 2 pm three days prior to the hearing, the Case Conference is cancelled.

Proceed to a Settlement Conference

156. If resolution was not achieved at the Case Conference, the primary aim of a Case Conference will be to ensure that there can be a useful Settlement Conference. In such a case, the presiding judge at a Case Conference will order a timetable for completion of any outstanding disclosure, order questioning, identify motions to be brought, identify whether expert evidence will be necessary and timetable such expert reports.
157. The Case Conference judge will schedule a Settlement Conference. Settlement Conferences will be scheduled well into the future to permit any motions, any ordered disclosure, or other steps (for example appointment of the Office of the Children’s Lawyer (OCL) or an assessor) to be completed prior to the Settlement Conference.  Counsel or parties should ensure that these are timetabled and incorporated into a Court order.
158. On an appropriate matter, such as a Rule 15 Motion to Change, the Case Conference judge may timetable the matter directly to a long motion date, or a Trial Scheduling Conference.
159. Once a Case or Settlement Conference has been scheduled no adjournments will be permitted except once on consent of the parties, 10 days before the conference date or with a Court order.

G. Settlement Conferences (Max. 12 pages)

SCHEDULING SETTLEMENT CONFERENCES IN BRAMPTON

160. Settlement Conference can only be scheduled by a Dispute Resolution Officer (DRO) or a Superior Court Justice upon being satisfied that the parties are ready for a Settlement Conference.  Settlement Conferences will generally be heard only on Mondays.  These dates can be obtained:
     • At a DRO Conference;
     • At a Procedural Case Conference; and
     • On a 14B Motion.

SCHEDULING SETTLEMENT CONFERENCES IN MILTON, GUELPH, ORANGEVILLE, WALKERTON, AND OWEN SOUND

161. Settlement Conferences can be scheduled by emailing the Court requesting available dates at:

Milton – Halton Region Courthouse	SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse	OrangevilleSCJTrialOffice@ontario.ca
Guelph – Wellington County Courthouse	GuelphOffice.SCJ@ontario.ca
Owen Sound – Grey County Courthouse	SCJGreyBruce@ontario.ca
Walkerton – Bruce County Courthouse	SCJGreyBruce@ontario.ca

162. Filing restrictions relating to family events are included in the Consolidated Provincial Practice Direction for Family Proceedings.
163. Late filing: Neither the Court staff nor Judicial Assistants can or will accept late Conference briefs or Conference briefs which do not comply with the restrictions regarding the length or proper formatting of filed documents. Requests to file and upload late Conference briefs must be made to the presiding judge and may result in an adjournment and/or cost consequences to the non-compliant party.
164. All litigants must be present at the Settlement Conference.

APPLICABLE TO ALL SETTLEMENT CONFERENCES IN CENTRAL WEST REGION

165. Prior to attending at a Settlement Conference, the Family Law Rules require the parties to confer and discuss resolution of the outstanding issues.

Directions for Settlement Conferences

166. The parties must comply with the following directions:
     • Confirmations must be emailed to the Court no later than 2 pm, 3 business days before the Settlement Conference date. Confirmation Forms must also be uploaded to Case Center;
     • A Settlement Conference Brief is required not to exceed 12 pages, pluspermissible attachments (as defined in the Case Conference section above);
     • If there are any financial issues, an up-to-date Financial Statement, and a Certificate of Financial Disclosure;
     • If Parenting is at issue, an updated Form 35.1 Parenting Affidavit with any Assessments or Reports attached;
     • If Child or Spousal Support is at issue, Divorce Mate calculations for each year in dispute and a chart calculating proposed net arrears (if any);
     • If Equalization is at issue, a comparative Net Family Property (NFP) with a Brief of contested values;
     • A Rule 18 Offer to Settle; and
     • A draft Order.
167. Where the opinions of the OCL’s clinicians or those of other experts, who have delivered a report are likely to be contested at trial, these clinicians and experts should be encouraged to attend or be available for the Settlement Conference.
168. No party may schedule a second Settlement Conference without approval of a judge, which can be obtained at the Settlement Conference or from the RSJ or the RSJ designate.

H. Trial Management Conferences (TMC)

FAMILY ASSIGNMENT COURT AND A TMC IN BRAMPTON

169. At the conclusion of the Conference, the Settlement Conference judge will provide the parties with a Family Assignment Court date.
170. At a Family Assignment Court, upon being satisfied that there are no outstanding issues, and the parties are ready for trial, the presiding judge will schedule a TMC and a trial date.  If the matter is not ready for trial, the presiding judge will make an order for directions in the proceeding.
171. At a Family Assignment Court, upon being satisfied that there are no outstanding issues and at least one party is ready for trial, the presiding judge will schedule a TMC and a trial date.  If neither party is ready for trial, the presiding judge will make an order for directions in the proceeding.

SCHEDULING A TMC IN MILTON, GUELPH, ORANGEVILLE, WALKERTON, AND OWEN SOUND

172. TMC will be scheduled by judicial direction or by obtaining a date through the Trial Coordinator’s Office.

APPLICABLE TO ALL TMCs IN THE CENTRAL WEST REGION

Adjournments of TMCs

173. These requests will rarely be granted.  Because TMCs are scheduled by a judge’s endorsement, TMCs may only be adjourned with a judge’s approval, even if there is consent of the parties and regardless of when the adjournment is sought.
174. Requests for adjournments must be sought from the RSJ or the RSJ designate. The adjournment request must set out compelling reasons why the parties are not ready to proceed with the TMC.  Any adjournment of a TMC granted will result in a trial date significantly delayed.

Trial Scheduling Endorsement Form (TSEF)

175. The parties are to file and upload:

• A joint, proposed TSEF;
• Updated Certificates of Financial Disclosure;
• Draft Orders, Opening Statements; and
• Offers to Settle.

176. If a party refuses, is unwilling or fails to cooperate in the preparation of a joint TSEF, each party shall prepare a separate TSEF. When this happens, the Trial Management Conference judge may consider an adjournment and cost consequences as per Rule 17.

Compliance with previous orders and directions

177. If a party has failed to comply with any directions/Timetable Order of the Settlement Conference judge, the Trial Management Conference judge will consider whether to adjourn the Trial Management Conference, proceed and deal with the failure by considering it a factor in deciding costs, or permit a motion under Rule 1(8) for non-compliance with a Court order.

Trial Management matters

178. The Trial Management Conference judge will ensure counsel provide and commit to reasonable time estimates for the entire trial.
179. At the conclusion of the Trial Management Conference, the judge will endorse any additional trial procedural matters, and/or a summary of the issues to be tried, to which the TSEF shall be attached.
180. Subject to the trial judge’s discretion, the endorsement and the TSEF will govern the conduct of the trial, failing which the remedies set out in the TSEF will be considered. Breach of any orders made at the TMC may result in serious consequences, such as striking pleadings, exclusion of evidence, an order of contempt or costs.

I. Motions in Writing

181. Where all interested parties agree that a motion may be decided by written materials and submissions (without an attendance in person or virtually), they must agree on a timetable and when all Court documents are ready and file same with the Court.
182. Uploading of materials into Case Center is NOT required.

J. Form 14B Motions and Basket Motions

CONSENT AND UNCONTESTED PROCEDURAL MOTIONS

183. Simple, procedural, consent and known uncontested matters must be brought by a 14B Motion. A draft Order in WORD format must be filed with a 14B Motion. In Brampton, consent motions may be brought before the Triage Court to be dealt with.
184. Where such motions are brought on a regular motions list, the motion judge will direct the party to file the “basket motion” and may make a cost award against the party bringing the regular motion.
185. Contested motions (and those anticipated to be opposed or unknown whether they will be opposed) should not be filed as “basket motions”. These motions should be scheduled and heard in a regular or short motion’s Court (or in writing if the parties agree).
186. Rule 14B Motions should rarely be used for making substantive orders (such as parenting, decision-making) except in the clearest of urgency or if on consent.
187. Uploading of materials into Case Center is NOT required.

UNCONTESTED TRIALS

188. If no Answer has been filed within the Family Law Rules timelines, an Applicant may seek final Orders on an uncontested trial by 14B Motion (Rule 23(22)). Assuming proper service of the Application was made on the opposing party and has been documented in the file, notice of an uncontested trial on a defaulting party is not necessary.
189. A draft Form 25D Order must be filed with the 14B Motion.
190. All uncontested trials must have their trial materials uploaded to Case Center.

K. Urgent Motions with or without Notice

191. Urgent motions are those that meet the requirements of Rules 14 (4.2) and 14(12)-(15) of the Family Law Rules, O.Reg. 114/99. Whether with or without notice, a party may seek an urgent motion in advance of a Case Conference only in situations of urgency or hardship, including concerns over an immediate danger of a child’s removal from Ontario and immediate danger to the health or safety of a child or of the party making the motion and threats of harm.
192. All motion materials must be filed in accordance with the filing requirements set out above.
193. A party seeking to bring a motion without notice to the other interested party(s) must also set out why notice is unnecessary, inappropriate, or not reasonably possible in the circumstances. A factum or Summary of Argument is not required for an urgent motion without notice.
194. Any motion filed by a party as an “urgent motion” will first be reviewed by a judge to determine whether it is urgent. If it is determined that the motion is urgent, the reviewing judge will provide directions on when the motion will be heard. In Brampton and Milton, the reviewing judge may refer the matter to Triage Court for scheduling purposes.  If a matter is referred to Triage Court, the moving party will have to file a Triage Court Requisition Form.
195. If the judge determines that the motion is not urgent, then the party bringing the motion will be advised of this decision and the party will have to schedule the motion in the normal fashion set out herein. Such a determination may attract costs consequences against the party alleging urgency.
196. For matters that do not meet the requirements of the Family Law Rules but raise issues that may be pressing, parties are encouraged to consider all options, including, but not limited to attending before a DRO, judicial mediation, or scheduling a case conference.

L. Short/Regular Motions (less than one hour)

Short/Regular Motions

197. Short/Regular motions are motions which will take less than one hour in total.
198. Filing a cross-motion does NOT extend the estimated time for the motion to be heard (the estimated time remains less than one hour). If there are new issues requiring additional time, a long motion date must be obtained.
199. Parties must give careful consideration to what is to be covered in the hearing time, the pace at which documents and authorities can reasonably be reviewed, and the time needed for oral argument on the issues raised. This consideration should extend to:
     • The number of issues which can properly be dealt with in oral argument, and
     • The number of authorities actually required in order to establish the legal propositions relied upon.
200. Inaccurate estimates for the time required for hearings may result in a case being adjourned (either before or during the hearing) and rescheduled with a realistic time estimate and no expedition of the rescheduled date. There may also be costs consequences.

Scheduling Short/Regular Motions

In Brampton

201. Counsel and parties must go to https://calendly.com/brampton-scjto schedule their Short/Regular Motion unless it is within 10 days of the hearing date.
202. The following is a link to a tip-sheet on the use of Calendly to book events: Calendly Tip Sheet for Counsel and Self-Represented Parties.
203. Where opposing counsel has not cooperated on the selection of a convenient date, the moving party counsel may unilaterally schedule a motion. Counsel must keep a record of the attempts to obtain the cooperation of opposing counsel for the purpose of costs and other use as may be required by the motions judge.
204. Counsel or parties using Calendly are required to provide to the Court certain confirmations and/or undertakings. Failure to comply with these undertakings and confirmations may result in consequences to counsel and/or the parties because the failure to do so impacts on the efficient administration of justice. Such consequences may include cost awards or being summoned to a conference by the RSJ or the RSJ’s designate to explain the reason for their failure to comply.
205. Cancellations or adjournments of Calendly scheduled motions must only be done on consent. Unilateral cancellation of a scheduled hearing dates is a very serious breach of counsel’s obligation to the Court and to opposing counsel. Neither cancellations nor adjournments can be processed in Calendly more than 10 days prior to the scheduled hearing date. Unless adjourned by judicial direction or adjourned on consent in Calendly more than 10 days before the hearing date, counsel and parties must appear on the scheduled motion.
206. If a Short/Regular Motion is re-scheduled to a later date, it is the responsibility of counsel or the parties to ensure that the previous scheduled motion date is vacated in Calendly.

In Milton, Guelph, Orangeville, Walkerton, and Owen Sound:

207. Short/Regular Motions should be scheduled by emailing the Court requesting available dates at:

Milton – Halton Region Courthouse	SCJHaltontrialoffice@ontario.ca
Orangeville – Dufferin County Courthouse	OrangevilleSCJTrialOffice@ontario.ca
Guelph – Wellington County Courthouse	GuelphOffice.SCJ@ontario.ca
Owen Sound – Grey County Courthouse	SCJGreyBruce@ontario.ca
Walkerton – Bruce County Courthouse	SCJGreyBruce@ontario.ca

Filing and Uploading Short Motion Materials (max. 12 pages narrative)

208. Parties must comply with the filing requirements in the Family Law Rules.

Limitations on Short Motion Materials:

209. Except for motions arising from the wrongful removal or retention of a child, each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed 12 pages of narrative.
210. In addition, exhibits to each party’s affidavit shall be limited to only the necessary and relevant evidence and are generally expected not to exceed 10 pages.
211. Leave is required to file documents beyond these restrictions which will only be granted in exceptional circumstances.
212. Court documents which do not comply with the above will NOT be accepted for filing.
213. Late filing of or uploading of motion materials (or exceeding the prescribed length or formatting) will not be accepted by Court staff. The request and reasons for late filing or uploading of motion materials will have to be addressed by the motions judge who will determine whether the motion goes ahead with or without the late filed materials or is adjourned.  Adjournments and cost consequences may result.
214. Judicial Assistants have no authority or means to accept ANY Court filing. Counsel or parties must not deliver materials to Judicial Assistants unless expressly previously directed by a judge.

Confirmation Forms

215. Unless dispensed by Court order, the moving party to a motion must email a Form 14C: Confirmation Form no later than 2 p.m. three business days before the date of the motion. The parties may file a Confirmation Form jointly. This applies even if the matter has been directed to be heard peremptorily.
216. As noted above, the parties or their counsel should consult with each other prior to filing their Confirmation Forms, unless the parties are self-represented and prohibited from communicating by Court order.  These consultations must address both the attendance (time required and materials) and a potential resolution of the outstanding issues.
217. Where Confirmation Forms have not been filed, by at least one party, the hearing date will be vacated.
218. The Confirmation Form must list the specific issues that are to be addressed at the event and be uploaded to Case Center.  It must also set out clearly which materials are necessaryfor the judge to review.
219. The Confirmation Form must also include an appropriate time estimate for the entire motion including time required by the other party.
220. Confirmation forms must be uploaded to Case Center into the correct bundle.

M. Long Motions (more than 59 minutes); Applications and all Summary Judgment Motions (collectively referred to as “Long Motions”)

Currently in Brampton and in Milton

Initiating a Long Motion

221. A complete Motion Record is to be served by the moving party with a return date of “TBA”.
222. Parties must comply with the Rules of Civil Procedure or the Family Law Rules with respect to service and delivery of responding materials.

Timetabling the Necessary Steps

223. The parties must discuss and, if possible, agree on a timetable in writing for completion of all the necessary steps to be ready to proceed with the hearing of the matter.
224. If the parties or their counsel cannot agree on a timetable for the hearing of the motion within 45 days of the service of the Moving Party Record, any party can request an attendance at Triage Court to set a timetable.
225. If a party fails to comply with the timetable or the directions of the Court, any party can request an attendance at Triage Court to obtain further directions of the Court.
226. Once the parties have complied with the agreed upon or Court ordered timetable, any party can request an attendance at Long Motion Triage Court seeking a hearing date.

Triage Court

227. The Triage Court will deal with any scheduling, contested procedural issues and setting a hearing date for these types of matters.
228. In Brampton, Triage Court will be held virtually on Tuesday mornings commencing at 9:00 am. Each matter will be limited to 10 minutes or less. NO MORE. Gowns are not required.
229. In Milton, Triage Court will be held virtually on Thursday mornings at 9:00 am. Each matter will be limited to 10 minutes or less. NO MORE. Gowns are not required.
230. The party/counsel requesting an attendance at Triage Court must complete the attached Triage Court Requisition Form and email the form to:
     • For Brampton: scjtrialofficebrampton@ontario.ca; and
     • For Milton: SCJHaltontrialoffice@ontario.ca.
231. A Copy of the Triage Court Requisition Form is attached to this Consolidated Practice Direction.
232. The party obtaining the date will be advised of the date they are scheduled for the Triage Court.  It is the responsibility of the party obtaining the date to IMMEDIATELY advise all other interested parties in writing (and keep proof of doing so should the Court require production of proof of service).

Transition for Milton Long Motions

233. For these matters which already have a hearing date AND have complied with the Practice Direction, those hearing dates remain, unless any of the parties seek an attendance at the Triage Court.
234. If parties have not complied with the Practice Direction, they will be advised they must attend Triage Court to confirm they have an agree upon timetable, are ready to proceed with the motion and/or confirm an existing date or obtain a new hearing date.
235. It is expected that hearing dates will be available within two months.

Adjournments/ Settlements

236. If on consent, the parties can adjourn the Long Motion provided that the Trial Coordinator’s Office (TCO) is notified at least 7 days prior to the hearing, after which the parties are required to attend the Long Motion hearing date.
237. Adjournments of the hearing date within 7 days will only be granted (even if on consent) where there are clear and compelling reasons beyond the control of the parties requiring an adjournment.
238. If a Long Motion is adjourned, the parties will have to re-attend at a Long Motion Triage Court to obtain a new hearing date.  The matter will NOT be given priority over other matters.
239. If a matter is settled, the parties are to advise the TCO IMMEDIATELY.  The motion will be noted as such in the Court files.

Facta and Compendiums

240. A factum (or Summary of Argument) is required on all long motions. If the moving party does not file a factum as required by any timetable set or agreed upon or as required by the Rules, the motion date will be cancelled.
241. Except with leave of the Court, facta are limited to 20 pages.
242. A Compendium containing of the Court filed documents and excerpts of the evidence essential to the hearing of the motion may be uploaded to Case Center for long or complex motions.  Where possible, the parties should agree on a Joint Compendium.

Confirming the Long Motion (7 days before the motion)

243. Unless otherwise directed by a judge:
     • All long motions must be confirmed by all interested parties by filing Confirmation Forms no later than by 2pm, 7days prior to the hearing date. Failure to file a Confirmation Form by at least one party will result in the long motion hearing date being vacated and made available to other parties on a short notice basis.
     • Where a Confirmation Form has not been filed by either party, the motion will not proceed, and the date will be vacated.
     • The Confirmation Form must list the specific issues that are to be addressed at the event.  “All issues” is not acceptable. The form should also indicate which materials the judge should review.  Referring to all prior affidavits or documents which have not been uploaded to Case Center is not appropriate.
     • The Confirmation Form must also include an appropriate time estimate for the entire motion including time required by the other party.
244. Confirmation forms must be uploaded to Case Center into the correct bundle.

APPLICABLE TO LONG MOTIONS IN ORANGEVILLE, GUELPH, WALKERTON, AND OWEN SOUND

Scheduling a Long Motion

245. Motions that are expected to take an hour or longer (including the other party’s reply and cross-motion, if any) must be scheduled as long motions and scheduled through the Trial Coordinator Office in the location where the motion is to be heard.
246. To obtain a long motion date from the TCO in these centres, counsel/litigants must:
     • Unless the long motion is ex parte, confer with the opposing party to identify possible dates for the long motion and to discuss the estimated time required for the motion;
     • The moving party then must obtain a long motion date from the TCO from the Courthouse where the motion is to be heard. When obtaining a date, counsel and litigants must advise the TCO the estimated time required for the long motion; and
     • After the long motion date has been obtained, the moving party must serve and file their motion materials within 10 days(Notice of Motion, supporting affidavits and a draft Order) along with the Proof of Service. Subject to an order from a judge, failure to do so may result in the hearing date being vacated.
247. The parties are to proceed to agree upon a written timetable for the long motion. If counsel and the litigants are NOT able to agree to a timetable within 30 days of obtaining the hearing date, either party can request a procedural conference before the LAJ, RSJ or the RSJ’s designate to set a Court ordered timetable.  The Court may consider costs if a party is withholding agreement to a reasonable timetable proposal or is deliberately delaying the hearing of the motion.
248. If there is a disagreement or an issue with the hearing date obtained by a party, the opposing party(s) may seek a conference before a judge to provide directions and orders with respect to the long motion hearing date.

Adjournment of Long Motions

249. Adjournments of long motions are strongly discouraged. Counsel and parties should expect that unnecessary adjournments will attract cost awards.
250. If all parties consent in writing, more than 21 days prior to the long motion hearing date, that the long motion is to be adjourned, one of the parties may write to the Court (copied to all other parties) setting out:
     • The request for an adjournment; and
     • That it is on consent of all interested parties.
251. Only one adjournment will be granted on consent.
252. Counsel and the parties will be given the next available long motion date. Counsel and parties should not expect to be given an earlier date because of the consent adjournment.
253. If counsel or a party seeks an opposed adjournment, more than 21 days prior to the long motion hearing date, the party seeking the adjournment shall obtain from the TCO a virtual attendance before a judge who will determine whether to grant the opposed adjournment of the long motion date or make an order for directions regarding the long motion.
254. Any adjournments sought within 21 days of the long motion hearing date, will have to be made to the motion’s judge on the scheduled hearing date.
255. A copy of the timetable agreement or Court ordered timetable must be provided to the motions judge.
256. If an adjournment is granted, all counsel and parties must bring and have available their Costs Outlines to permit the motions judge to deal with the issue of costs of the adjournment and to make any other order for directions.

Confirming the Long Motion (7 days before the motion)

257. Unless otherwise directed by a judge:
     • All long motions must be confirmed by all interested parties by filing Confirmation Forms no later than by 2pm, 7days prior to the hearing date. Failure to file a Confirmation Form by at least one party will result in the long motion hearing date being vacated and made available to other parties on a short notice basis.
     • Where a Confirmation Form has not been filed by either party, the motion will not proceed, and the date will be vacated.
     • The Confirmation Form must list the specific issues that are to be addressed at the event.  “All issues” is not acceptable. The form should also indicate which materials the judge should review.  Referring to all prior affidavits or documents which have not been uploaded to Case Center is not appropriate.
     • The Confirmation Form must also include an appropriate time estimate for the entire motion including time required by the other party.
258. Confirmation forms must be uploaded to Case Center into the correct bundle.

Facta and Compendiums

259. A factum is required on all long motions. If the moving party does not file a factum, the motion date will be cancelled. Except with leave of the Court, facta are limited to 20 pages.
260. Unless a specific timetable has been set by the Court:
     • The moving party’s factum must be served and filed three weeks prior to the hearing date. 
     • The responding party’s factum must be served and filed two weeks prior to the hearing date.
261. A Compendium containing of the Court filed documents and excerpts of the evidence essential to the hearing of the motion may be uploaded to Case Center for long or complex motions.  Where possible, the parties should agree on a Joint Compendium.

N. Cost Orders in Family Law Motions and Applications

262. Pursuant to Rule 24(10) of the Family Law Rules, costs should be determined in a summary manner promptly after dealing with each step in a case.  In addition, any claim for costs shall be supported by documentation that is satisfactory to the Court.  Moreover, any party who opposes a claim for costs shall provide documentation showing the party’s own fees and expenses (Rule 24(12.2).
263. The parties should attempt to resolve the quantum of costs prior to the hearing and advise the motion’s judge of any resolution or that they have been unable to agree on the issue of costs.
264. If the parties are unable to resolve the quantum of costs, all counsel appearing on motions and conferences must attend the hearing with their Costs Outline.  If the Costs Outline is not available, the judge may decline to make a costs award in their favour or make such other direction or order as appropriate.

O. Dispute Resolution Officer (DRO) Program

In Brampton

265. Counsel and parties must go to Calendly – Brampton SCJ for Brampton to schedule their DRO Conference.  Counsel and parties will find the next available date for DRO Conference.   DRO Conferencewill not and cannot be scheduled by the Trial Coordinator’s Office by email or by telephone. 
266. Counsel and parties are required to canvass agreeable dates, but if a date cannot be agreed upon, either party can unilaterally select a date, bearing in mind the notice requirements in the FLR.
267. The following is a link to a tip-sheet on the use of Calendly to book events; Calendly Tip Sheet for Counsel and Self-Represented Parties.
268. To schedule a DRO Conference, counsel or parties using Calendly are required to provide to the Court certain confirmations and/or undertakings. Failure to comply with these undertakings and confirmations may result in consequences to counsel and/or the parties because failure to do so impacts on the efficient administration of justice. Such consequences may include cost awards or being summoned to a conference by the RSJ or the RSJ’s designate to explain the non-compliance.
269. Cancellations or adjournments of Calendly scheduled motions must only be done on consent. Further, neither cancellations nor adjournments can be processed in Calendly more than 10 days prior to the scheduled hearing date. Unless adjourned by judicial direction, counsel and parties will have to appear on the scheduled motion.
270. If a DRO Conference is re-scheduled to a later date, it is the responsibility of counsel or the parties to ensure that the previous scheduled motion date is vacated in Calendly.

In Guelph/Orangeville/Walkerton/Owen Sound:

271. DRO conferences in Guelph, Walkerton, Owen Sound and Orangeville are available for all family matters. As DRO conferences are conducted virtually, the DROs scheduled in Brampton can conduct DRO conferences in these four locations via zoom. Counsel and parties that wish to schedule a DRO conference on a Guelph, Walkerton, Owen Sound or Orangeville family case can do so by booking through the Brampton Calendly site: Calendly – Brampton SCJ.  The filing of material for the DRO conference, including a confirmation form will be at the court location site as usual.

In Milton

272. DRO Conferences should be scheduled by emailing the Court requesting available dates at Milton – Halton Region Courthouse SCJHaltontrialoffice@ontario.ca.

P. Trial Record

273. The Applicant or the Respondent (if a claim is advanced by the Respondent) must file a Trial Record at least 20 days prior to the scheduled Trial date.  Failure to do so may result in the matter being removed from the Trial list unless the Court orders otherwise.
274. Trial dates, when scheduled, will rarely be adjourned even on consent. Any adjournment requests, even when on consent, must be made by way of a motion which will be heard by the RSJ or the LAJ or the RSJ designate.

Q. Motions to Change 

275. The Family Law Rules direct the Court to determine the next steps in a Motion to Change, with a view to ensuring that these motions proceed in the most efficient manner appropriate in the circumstances.  The Court is directed to determine the most appropriate process for reaching an expeditious and just conclusion of the case in the circumstances.
276. A new Motion to Change Endorsement form is available Parties are encouraged to provide a draft Motion to Change Endorsement form with their materials for the first judicial conference to obtain early direction regarding the most appropriate process for the case. Parties should be prepared to address these issues at the first attendance before a DRO or a judge.
277. The Rule 15 Motions to Change seek variations or reviews of Superior Court of Justice parenting and support Orders. It is important to clearly identify in a party’s materials whether the Order(s) sought are pursuant to Section 17 of the Divorce Actor Section 37 of the Family Law Act.
278. Parties or counsel must clearly identify whether the change sought is a review or a variation and, if it is a variation, set out clearly the material change(s) in circumstances.
279. Parties to a Motion to Change in Brampton and Milton must first attend a Case Conference with a DRO, unless there is an Order allowing them to waive that Conference.
280. The DRO will confirm that the parties have attended a MIP, considered mediation, and served Rule 18 Offers to Settle, before moving the matter forward. A Form 35.1 Parenting Affidavit must be filed by each parent or any person seeking a contact Order.  The DRO will then schedule a Motion or Settlement Conference for any unresolved issues.
281. If the Motion to Change is a parenting case, parties or counsel must advise whether independent, child-focused evidence is required, such as an assessment or OCL involvement, and if the children’s views and preferences can be ascertained by a Voice of the Child Report.
282. Family Law Rule 15 (26) permits the Court to determine the Motion to Change on a final basis on the material filed unless the judge determines that the issue cannot be properly decided without a trial.  If the presiding judge cannot decide the issues on the Motion to Change properly, without a trial, then the presiding judge will make any necessary order(s) to get the matter ready for trial and schedule a Settlement Conference.
283. If the matter does not resolve at the Settlement Conference, the Settlement Conference Judge will schedule the Long Motion or the trial.  If a matter requires a trial, a Trial Management Conference may be scheduled.

PART 4 – CRIMINAL PROCEEDINGS

284. Counsel and parties must comply with the Consolidated Provincial Practice Direction for Criminal Proceedings.

PART 5 – DIVISIONAL COURT PROCEEDINGS

285. The link to the Consolidated Provincial Practice Direction for Divisional Court Proceedings is as follows:

Consolidated Practice Direction for Divisional Court Proceedings | Superior Court of Justice (ontariocourts.ca)

PRE-TRIAL FORM

• Pre-Trial Form

REQUISITION FOR TRIAGE COURT FORM

• Requisition for Triage Court Form