York Region Law Association - Newmarket OCJ Update July 27, 2020

Newmarket OCJ Update July 27, 2020

27 Jul 2020 10:32 AM | York Region Law Association (Administrator)

Newmarket Trial Readiness Court each Monday for trials set for the following week:

I have been advised that many counsel have been missing the regular Monday 201 assignment court in Newmarket, often for understandable reasons. The 201 Court confirmations occur each Monday and are to confirm that matters set for trial and preliminary hearings for a day or days during the following week, are ready to proceeed.

For your reference, I include this excerpt from the OCJ website:

Newmarket	Court date: Monday of the week before Schedule: Tiered list based on date commencement of trial / preliminary inquiry
9 am	Monday
10:30 am	Tuesday
11:45 am	Wednesday
2:00 pm	Thursday
3:30 pm	Friday
Audioconference: 1-866-633-0848, Conference ID# 5700492

COVID-19 Trial Readiness Court

Unless otherwise directed by the Regional Senior Judge and until further notice, all cases currently scheduled for a trial or preliminary inquiry will be spoken to approximately one week before the scheduled hearing date before a judge presiding in a special COVID-19 Trial Readiness Court. The purposes of the Trial Readiness Courts are:

(i) to confirm that trials or preliminary inquiries are ready to proceed on their hearing date; and

(ii) to assign cases into courtrooms that are open and operating.

Unless otherwise directed by the Regional Senior Justice, cases will appear in Trial Readiness Court the Monday before the week of the scheduled trial or preliminary inquiry. Where the Monday is a holiday, Trial Readiness Court will be held on Tuesday. For example, matters scheduled for trial or a preliminary inquiry during the week of July 6 – 10 will be addressed in the Trial Readiness Court scheduled for Monday, June 29. Matters scheduled for trial or preliminary inquiry the week of July 13 – 17 will be addressed in the trial readiness court scheduled for Monday, July 6.

For details about the Trial Readiness Court in each court location, including scheduling information, see Ontario Court of Justice Trial Readiness Court.

All appearances in Trial Readiness Court will be by audioconference or videoconference, unless otherwise directed by a judge.

Accused persons who are represented by counsel do not need to be present for the Trial Readiness Court.

All counsel who speak to matters in Trial Readiness Court must be fully informed about the case and have authority to make binding decisions regarding the conduct of the case.

Accused persons who are not represented by counsel are to attend Trial Readiness Court by audioconference, or videoconference where applicable, to speak to their matter.

There is no need for counsel or accused persons to file a “bring forward” request or application to have their case addressed.

The Court expects the Crown and defence counsel will have communicated before Trial Readiness Court to identify and discuss any issues that may affect the scheduling or conduct of the hearing including, but not limited to:

· whether, and on what basis, a party may be bringing an application to adjourn the case at the trial readiness court appearance;

· any witnesses or parties who may be unable to attend court due to health concerns, public health orders or COVID-19 symptoms or other issues;

· whether any portion of the hearing (including any witness testimony) will be conducted using remote technology.

The judge presiding in Trial Readiness Court may hear and determine any application(s) regarding the scheduling or conduct of the hearing that the judge is satisfied should be determined in advance of the trial or preliminary inquiry date. The judge presiding in Trial Readiness Court will not hear applications that are reserved to the trial judge or in respect of a continuing trial or preliminary inquiry with which a different judge is seized.

Where the parties indicate a matter is going to resolve, the matter will be scheduled into a resolution court on or before the scheduled trial or preliminary inquiry date, where feasible.

Crown Assignments Week of July 27, 2020

Monday July 27

202P – Nicole

Nicole.Murphy@ontario.ca

200 Court (judge) – Michael D.

Michael.Demczur@ontario.ca

201 Court (judge) – Jina

Jina.Lee@ontario.ca

103 Bails – Neil

Anil.Singh2@ontario.ca

104 Bails – Tony

Tony.VandenEnde@ontario.ca