Consolidated Practice Direction for the Northeast Region

Notice of Amendments: 

On October 26, 2018, Section B (Solicitor-Client Costs Assessments) was added to Part III.

Part III A (Designated Counties for the Commencement of Mortgage Proceedings under r. 13.1.01) was added on February 27, 2015 and comes into effect on March 31, 2015.

Effective July 1, 2014

This Practice Direction applies to proceedings in the Superior Court of Justice, Northeast Region, effective July 1, 2014. It supersedes all previous region-specific Practice Directions for the Northeast Region issued prior to July 1, 2014, which are hereby revoked.

Counsel and parties are advised to refer to the relevant Parts of the Consolidated Provincial Practice Directions.

Part I: Family Proceedings

  1. In addition to this Part, counsel and parties in family proceedings are advised to refer to Part I of the relevant parts of the Consolidated Provincial Practice Direction in Family Proceedings.

A. Form 14B Motions

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

Part II: Criminal Proceedings

A. Criminal Matters arising in Chapleau and Gogama

  1. The following Superior Court of Justice matters of a criminal nature arising in Chapleau or Gogama, in the District of Sudbury, may proceed at the Superior Court of Justice in Timmins, in the District of Cochrane:
    1. Trials emanating from committals to stand trial in the Ontario Court of Justice in Chapleau or Gogama rendered after June 30, 2010, or preferred indictments in matters arising out of Chapleau or Gogama filed after June 30, 2010;
    2. Appeals from summary convictions in the Ontario Court of Justice in Chapleau or Gogama rendered after June 30, 2010;
    3. Applications for prerogative remedies relating to decisions of the Ontario Court of Justice in Chapleau or Gogama rendered after June 30, 2010;
    4. Reviews of bail decisions of the Ontario Court of Justice for Chapleau or Gogama matters rendered after June 30, 2010; and,
    5. Any other matters relating to charges with an alleged offence date after June 30, 2010.

Part III:  Civil Proceedings

A. Designated Counties for the Commencement of Mortgage Proceedings under rule 13.1.01(3)

  1. Pursuant to rule 13.1.01(3) of the Rules of Civil Procedure, which comes into effect on March 31, 2015, North Bay, Parry Sound, Sudbury, Haileybury, Sault St. Marie, Cochrane or Gore Bay have been designated as the place for commencement of mortgage proceedings for property located anywhere in the Northeast Region.

B. Solicitor-Client Costs Assessments

  1. A pre-assessment hearing will be scheduled for all solicitor/client costs assessments.
  2. The hearing is meant to assist the parties in the mediation of their dispute and, failing settlement, to ensure that the matter is ready for hearing.
  3. When the documents needed to obtain a Notice of Appointment for Assessment of Costs (Form 58A) are filed, the court shall:
    1. Set a date for a pre-assessment hearing, to be held by teleconference; and
    2. Issue a Notice of Assessment – Pre-Assessment Hearing Form to the filing party.
  4. The filing party shall serve the Notice and the bill of costs on every party interested in the assessment at least seven days before the date fixed for the pre-assessment hearing. The filing party shall file proof of service with the court immediately afterwards.
  5. At the pre-assessment hearing, the presiding officer will assist the parties in resolving their dispute through mediation.
  6. If the dispute is settled at the pre-assessment hearing, the presiding officer will complete a written endorsement to reflect the terms of the settlement. The court office will then prepare a certificate of assessment, attaching the written endorsement, and provide a copy to each party as soon as possible afterwards.
  7. If the dispute does not settle at the pre-assessment hearing and the parties wish to participate in an extended mediation, the presiding officer shall:
    1. Schedule an extended mediation;
    2. Prepare a written endorsement stating that the parties wish to enter into extended mediation; and
    3. File the endorsement with the court office.
  8. If the dispute does not settle in the pre-assessment hearing or subsequent extended mediation, then the presiding officer shall:
    1. Ensure that all required filings have been made;
    2. Verify proof of service;
    3. Confirm the bill(s) of costs being assessed and the amount(s) of costs in dispute;
    4. Attempt to narrow the issues;
    5. Determine the amount of time required for the assessment hearing;
    6. Set a date for the assessment hearing; and
    7. Prepare a written endorsement dealing with subparagraphs a. through f., and file it with the court office immediately afterwards.
  9. Within seven days of receiving the endorsement, the court shall prepare a Notice of Appointment for Assessment of Costs and mail it to each party.
  10. If a party fails to attend the pre-assessment hearing, the party will not be entitled to notice of any further step in the proceeding or served with any document in respect of the matter. The presiding officer may schedule the assessment hearing without notice to the party and provide the court office with a written endorsement to that effect.

Dated: April 11, 2014

Amended:  October 26, 2018; February 27, 2015 (addition of para 4)

Heather J. Smith
Chief Justice
Superior Court of Justice (Ontario)

Robbie D. Gordon
Regional Senior Judge
Superior Court of Justice, Northeast Region