Dear Real Estate Representatives, Presidents and Library Staff,
In an effort to keep real estate lawyers updated with the ever-changing situation, we have further information to be shared with the real estate lawyers in your association.
If you have not already done so, please register for the Zoom Conference Call taking place on September 24 at 10 a.m with the FOLA Real Estate Reps and the Director of Titles, Jeff Lem. We hope that you can all join that call or have a designate do so.
We expect that there may be large numbers wishing to participate. We will accommodate up to 50 participants starting with the Real Estate Reps themselves or a designated replacement. You must register by no later than 5 p.m. on Sept 22, 2020. Even if you have previously indicated interest in attending, you must register for the meeting to receive the login credentials.
On Sept 23rd we will finalize the list of attendees and we will not be accepting any further registrations.
Register in advance for this meeting here. After registering, you will receive a confirmation email containing information about joining the meeting.
Please send any questions you may have for the Director of Titles to either email@example.com or firstname.lastname@example.org. We will try to get answers to as many as possible and they will be passed on in the order they are received. We cannot promise to answer them all.
The Canadian Bar Association has been communicating with the Canadian Bankers Association with respect to continued issues and delays lawyers are experiencing with the existing wire transfer system. They are looking for specific details of wire transfer timing problems that they can share with the Canadian Bankers Association in an effort to help resolve the reliability of this service. If you have experienced a delay in the sending or receiving of wire transfers and you are willing to share the details, please send an email to Ray Leclair at email@example.com with details including the banks involved, the amount transferred, the timing and any other details that might be relevant.
It is FOLA’s position that each lawyer should be responsible for the fees charged by their own bank with respect to sending or receiving wire transfers. FOLA’s position matches that of the Provincial Working Group on Lawyers and Real Estate. Please see our Update of June 26, 2020 for further commentary on this position.
The Toronto Lawyers Association (TLA) is hosting an online CPD with the Director of Titles on October 5, 2020 and has asked us to share the invititation with the FOLA real estate representatives.
Lawyers who are not members of the TLA can sign up on the TLA website to become a “Friend of the TLA” at no cost and receive the TLA Member rate for this program.
The following consultations relating to real estate issues are currently on-going:
Proposed Regulations Under the New Home Construction Licensing Act, 2017, to Support the Overhaul of Ontario’s New Home Warranty and Protection Program – Comments are due by October 19, 2020
TARION Consultation regarding:
· A new requirement that vendors attach a Warranty Information Sheet to purchase agreements to provide clear and helpful warranty and other information at the point of sale.
· The evaluation criteria that should have to be met for a home to qualify for enrolment, and for a home to be enrolled, in the Ontario New Home Warranties and Protection Plan so that a vendor or builder can sell or build a new home.
· The provisions that should be included in standard vendor and builder agreements with Tarion.
· Temporary changes to registration renewal to allow for a seamless transition of this responsibility to the regulatory authority, if one is designated.
- Submissions are due by October 19, 2020
If and when we receive further information of interest to the real estate bar, we will pass it along.
Stay up to date with FOLA’s real estate information at https://fola.ca/real-estate-law.
Merredith MacLennan and Eldon Horner
FOLA Real Estate Co-Chairs
Please note: The information provided herein is of a general nature only and is not intended to provide legal advice.
Monday September 21
202P – Nicole Nicole.Murphy@ontario.ca
201 In Custody – Michael D. Michael.Demczur@ontario.ca
100 New Arrests – Brian Brian.McCallion@ontario.ca
103 Bails - Neil Anil.Singh2@ontario.ca
104 Bails – Jeanaha Jeanaha.Kim@ontario.ca
201 List VCMC – CLOSED
102 List VCMC - CLOSED
Bail Vettors –
Kevin - Kevin.Stewart@ontario.ca
Gemma - Gemma.Sang@ontario.ca
Remote Duty Crown – Lesley Lesley.Pasquino@ontario.ca
Trial courts – Phyllis, Tony, Ivana, Jacob, Philip, Martin
*Sham – Monday triage court
*Amy – Largey Zoom trial all week
Tuesday September 22
202P – Rob De Chellis Robert.DeChellis@ontario.ca
100 New Arrests – Samantha Samantha.Peterson2@ontario.ca
103 Bails - Neil Anil.Singh2@ontario.ca
104 Bails – Michelle Michelle.Rumble@ontario.ca
201 List VCMC – Jina Jina.Lee@ontario.ca
102 List VCMC - Nicole Nicole.Murphy@ontario.ca
Remote Duty Crown – Lucas Lucas.O'Neill@ontario.ca
Trial courts – Brian (Kord), Greg, Tony, Ivana, Jacob, Philip, Martin
Wednesday September 23
201 In Custody – Phyllis Phyllis.Castiglione@ontario.ca
100 New Arrests – Ivana Ivana.Denisov@ontario.ca
103 Bails - Jeanaha Jeanaha.Kim@ontario.ca
104 Bails – Kevin Kevin.Stewart@ontario.ca
201 List VCMC – Samantha Samantha.Peterson2@ontario.ca
102 List VCMC - Philip Philip.Hsiung@ontario.ca
Brian - Brian.McCallion@ontario.ca
Rob Scott - Robert.Scott@ontario.ca
Remote Duty Crown – Rosanne Rosanne.Choi@ontario.ca
Trial courts – Greg, Jacob, Tony, Martin
Thursday September 24
201 In Custody – Tony Tony.VandenEnde@ontario.ca
100 New Arrests – Greg Greg.J.Elder@ontario.ca
103 Bails - Samantha Samantha.Peterson2@ontario.ca
104 Bails – Neil Anil.Singh2@ontario.ca
102 List VCMC - Jennifer Jennifer.Halajian@ontario.ca
Trial courts – Jeff, Ivana, Rob DC, Martin, Kevin
Friday September 25
100 New Arrests – Jacob Jacob.Wilson@ontario.ca
103 Bails - Tony Tony.VandenEnde@ontario.ca
104 Bails – Samantha Samantha.Peterson2@ontario.ca
201 List VCMC – Erin Erin.Rizok2@ontario.ca
Michelle - Michelle.Rumble@ontario.ca
Trial courts – Ivana, Rob DC, Kevin, Phyllis, Jeff
Virtual Case Management
Just a reminder that effective today, the Newmarket Courthouse joins the Province wide Virtual Case Management protocol. I have provided below the applicable links, including the Virtual, real time sign up sheets and Courtroom connection details.
As a reminder for the time being, any matter that is resolving by way of a section 810 peace bond or HTA guilty pleas must still be scheduled with the office of the trial coordinator.
In addition, please note that 102 lists (ie domestic and youth matters) are being addressed Tuesdays, Wednesdays and Thursdays, as prior to the Pandemic.
Virtual Sign Up Sheets
For the time being, two courtroom lists, 201 and 102, will have accessible "real time" virtual sign up sheets. Courtroom 102 lists, which are for domestic and youth matters, will continue as previously, to be addressed by a Judge of the OCJ.
The links are posted below.
Newmarket Virtual Case Management Court – Scheduling and Connection Details
201 List (being heard in 101 Court)
102 List (being heard in 106 Court)
Courtroom Call In Information 416-212-8012 866-633-0848
100 Intake/Other matters #4942812
101 (201 list) #8848721
103 Bail #4674204
104 Bail #6532049
200 Remand/Plea #5467574
201 Remand/Plea #9851321
Trial Readiness Court at #5700492
York Director, Criminal Lawyers Association
The notice was updated on September 17, 2020 and can be found on the OCJ's website here.
Scroll down the notice to find Courthouse-specific Scheduling and Connection Information for Newmarket.
The Protocol for the Resumption of Civil Proceedings, Meaning Civil Trials, Summary Judgment Motions, Long Motions, and Applications in the Central East Region was published today, September 17, 2020, and can be viewed here.
Virtual Case Management Update
This morning I took part in a conference call with the Newmarket Courthouse Committee, primarily to address anticipated issues arising from the move towards the Province wide Virtual Case Management protocol. Barrie court has already implemented the protocol. The new Virtual Case Management protocol is set to commence this Monday September 21, 2020.
Case management court operations will be an evolving process to be adjusted and refined after the initial few weeks. For the time being, the court will only deal with remands and perhaps simple withdrawals. Matters involving section 810 peace bonds and HTA pleas, which a Justice of the Peace can hear, will need to be adjourned to a "plea" court (i.e. 202 court) on another date, atleast for the time being.
Virtual Sign In Sheet - Calling the list
With respect to the use of a virtual sign in sheet to address an orderly and efficient mode of calling the list, an online sign up sheet is being used in other jurisdictions. As for Newmarket, and relying on the experience of other Courthouses, we are developing a Newmarket online sign up "sheet" with the assistance of David Moull and Sean Doyle, and hope to have it available shortly.
When the link is available I will send it out and ask Betty to post it on our website.
Zoom Calling v. Phone In (Audio)
Zoom calling is the preferred method for counsel to call into the virtual courtroom. The zoom call lets all know which counsel are waiting on the line. However an audio capability, currently in use, will still be available for the time being.
Virtual Case Management Court Notices
Door notices and hand outs for accused will be made available. With respect to bail matters, accused persons on release, will get zoom notice information, along with their Bail documents. For Police releases, Police will.provide the same notices with the accused's releases documents, and will include zoom info.
Virtual Courtroom Hours
Courtroom schedules will be posted. It is anticipated for the time being, that the case management courts will start a 9am. The schedule will permit addressing counsel matters from 9am to 10am. From 10am to 10:30 am, unrepresented accused will be addressed. After 1030, counsel can be addressed as they call in.
Morning, afternoon and lunch breaks will be strictly followed to ensure appropriate time for staff. Schedules for all courts will also be posted on doors.
Obtaining Crown Disclosure
The Office of the Crown Attorney will continue to email disclosure to counsel or accused directly, provided they have a secure email address. For audio and video disclosure, these can be picked up at the crown's office by appointment. The Newmarket crown attorney office is in the process of implementing the "evidence.com" platform used in other jurisdictions which will replace in person pick up of this disclosure.
New Arrests And Presumptive Remands
New arrests and presumptive remands are currently being addressed in 101 for this week only. It is anticipated to have one courtroom to address only presumptive remands and new arrests given the time experienced in some jurisdictions dealing with the high numbers of new arrests and the time required to address each new arrest. More to follow on this shortly.
Domestic and Youth lists Tuesday wed Thursday
Both Domestic and Youth courts will be addressed before a Judge, and not before a Justice of the Peace, given the historical nature of the operations of those courtrooms.
The Federation of Ontario Law Association's weekly update is available here.
The resumption of in-person criminal hearings at Gore Bay, Orillia and Woodstock and of in-person family hearings in Gore Bay and Woodstock, which was delayed, will now proceed on September 16, 2020. See Notice to the Profession and the Public re: Criminal Trials and Preliminary Inquiries Resuming in the Ontario Court of Justice at Gore Bay, Orillia and Woodstock on September 16, 2020 and Notice to the Profession and the Public re: In-Person Family Matters Resuming in the Ontario Court of Justice at Woodstock and Gore Bay on September 16, 2020.
There are no updates to provide as of today. One issue that is currently under consideration is the development of a sign in sheet for efficiently calling matters in case management courts. This, along with other developments, should be coming shortly.
Courtroom Call In Information
Crown Assignments Week of September 15, 2020
Monday September 14
202P – Greg
200 Court (judge) – Erin
201 Court (judge) – Philip
103 Bails - Ivana
104 Bails – Samantha
Bail Vettors –
Remote Duty Crown – Lucas
Trial courts – Tony, Nicole, Rob DC, Jacob, Phyllis
**Amy – Monday triage court
**Sham – assist Amy with Monday triage and SCJ Crown rest of week
**Peter and Thompson – murder all week except Thursday
Tuesday September 15
202P – Michael V.
200 Court (judge) – Jina
201 Court (judge) – Michael D.
103 Bails - Neil
104 Bails – Tony
Remote Duty Crown – Rosanne
Trial courts – Jeanaha, Nicole, Rob DC, Jacob
Wednesday September 16
202P – Nicole
201 Court (judge) – Samantha
103 Bails – Neil
104 Bails – Philip
Trial courts – Tony, Ivana (cover 102)
Thursday September 17
103 Bails – Samantha
Trial courts – Jacob, Phyllis (cover 102), Martin
Friday September 18
202P - Greg
103 Bails – Jeanaha
Trial courts – Nicole (cover 102)
This notice can be found on the OCJ's website here.
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864