Limitation periods in Ontario have been suspended since March 16, 2020 pursuant to Ontario Regulation 73/20 made under the Emergency Management and Civil Protection Act, RSO 1990, c E.9.
Limitation periods will resume running on Monday, September 14, 2020 in accordance with Ontario Regulations 457/20 and 458/20 made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, SO 2020, c 17.
As you may know, next week, jury selection and trials are scheduled in Brampton, Toronto and Hamilton. In Brampton, the Pearson Convention Centre, and in Toronto, the Metro Toronto Convention Centre, are being prepared to support jury selection. In Hamilton, selection will occur on-site at the Hamilton courthouse. Trials at all three locations will be held on-site at each courthouse.
To best ensure the health and safety of all participants (individuals summoned to a jury panel, jurors, the judiciary, parties to the proceeding, and court staff and management, the Recovery Secretariat has developed the attached jury recovery guidance materials. Please note that French translated versions will be available next week and, should you require them, please get in touch at MAGRecoverySecretariat@ontario.ca
In the interim, find attached:
COVID-19 Recommended Precautionary Measures: Jury Management Manual
These materials have been reviewed and endorsed by the government’s leading provincial health authorities in the Chief Medical Officer of Health’s office and the Ontario Ministry of Health and their guidance will continue to inform the precautionary measures that are (and that will be) implemented in both on and off-site jury locations.
In line with the health & safety precautionary measures the Recovery Secretariat has in place within our courthouses, our jury locations will also be outfitted with recommended precautionary measures including, but not limited to: hand sanitizer, plexiglass, physical distancing markers, and the provision of PPE, where required.
In addition, all entrants to jury events will be required to wear mandatory face coverings and will be required to complete an entrance screening check.
Katie W. Robinette
Executive Director
FOLA.ca
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE.
FOLA's Weekly Update is available here.
Positive Covid 19 Test
Attached is a memo indicating that a courthouse staffer recently tested positive for the virus. Indications are that exposure came by way of community spread and unrelated to the Courthouse.
There are currently no additional COVID-19 concerns with courthouse operations and attendance based on this one positive test.
Remote Case Management Court
Remote Case Management Court is currently scheduled to begin in the Newmarket Courthouse on Monday September 22, 2020 by way of Zoom. Other courts have already commenced the remote process of addressing matters, including Oshawa.
Current experience reveals that the remote court has been operating slowly compared to the prior in person model. For speed of operation it would be of assistance for counsel with multiple matters to notify the crown of their matters by sending a list or through a form of virtual sign up sheet.
Counsel To Attend By Zoom Video
Counsel are encouraged to defend by way of video and by use of the Zoom link, as they will be identified quicker. When using audio, all that is displayed is the last few digits of the phone number. With Zoom the participants name is displayed, assisting all in the virtual courtroom.
Counsel are also encouraged to use the enhanced designation which is found online. A sample is attached here.
The Zoom link will remain constant and will be posted on the OCJ website. Notices will be posted on the OCJ website and door and accused notices will be distributed.
Order Of Counsel/Virtual Sign Up
A significant issue to address is a manner of establishing a process to determine the order that counsel matters are called. Normally, and in the past subject to the view of the Assistant Crown Attorney calling the list, the tradition has been either to proceed based on a “first come first served” basis, or alternatively, to call matters in order based on counsel's year of call.
The Criminal Lawyers Association is developing and suggesting the use of an on-line virtual sign up sheet, accessible on-line. The format is being reviewed by the tech people at MAG to confirm there are no obvious tech or security concerns.
No Tiered Court List
Recent experience has shown that the use of a tiered system was inefficient. Hence, unlike prior to the Pandemic, there will not be a tiered list in case management court. The crown will call the list as usual but counsel will take priority over unrepresented accused.
The Court Clerk will be hosting the court and will be allowing parties into the virtual courtroom. The crown attorney office Crown will not co-host.
Provision will be made for the use of break out rooms that are within the Zoom courtroom. Notices will be provided to the accused at the courthouse (if they attend) with information on how to contact Legal Aid. The courtroom is a remote courtroom and the accused must attend through the Zoom options – video or audio.
Additional meetings are anticipated prior to the launch of the Remote Case Management Court on September 22, 2020.
See next Blog entry for Courtroom call-in Information for this week.
Sincerely, Norman Panzica, York Director, Criminal Lawyers Association
Courtroom Call In Information
416-212-8012 866-633-0848
100 Intake/Other matters #4942812
103 Bail #4674204
104 Bail #6532049
200 Remand/Plea #5467574
201 Remand/Plea #9851321
Trial Readiness Court at #5700492
Contact Information
Duty Counsel - ozkins@lao.on.ca
Crown Assignments Week of September 8, 2020
Tuesday September 8
202P – Rob De Chellis
Robert.DeChellis@ontario.ca
200 Court (judge) – Jina
Jina.Lee@ontario.ca
201 Court (judge) – Michael D.
Michael.Demczur@ontario.ca
103 Bails - Tony
Tony.VandenEnde@ontario.ca
104 Bails – Neil
Anil.Singh2@ontario.ca
302 New Arrests - Martin
Martin.Dionne@ontario.ca
Bail Vettors –
Elissa Elissa.Kulpers@ontario.ca
Sham Shambavi.Kumaresan@ontario.ca
Remote Duty Crown – Lucas
Lucas.O'Neill@ontario.ca
Trial courts – Leeanne, Nicole, Jacob
*Peter and Thompson homicide prelim all week
*Jenna HT trial all week
Wednesday September 9
200 Court (judge) – Erin
Erin.Rizok2@ontario.ca
201 Court (judge) – Brian
Brian.McCallion@ontario.ca
103 Bails – Tony
104 Bails – Samantha
Samantha.Peterson2@ontario.ca
302 New Arrests - Philip
Philip.Hsiung@ontario.ca
Remote Duty Crown – Lesley
Lesley.Pasquino@ontario.ca
Trial courts – Jacob, Nicole, Michael V.
Thursday September 10
202P – Brian
103 Bails – Kevin
Kevin.Stewart@ontario.ca
104 Bails – Tony
302 New Arrests - Samantha
Trial courts – Michelle, Nicole, Caitlin, Greg, Michael V., Jacob
Friday September 11
202P - Brian
201 Court (judge) – Tony
103 Bails – Martin
104 Bails – Amy
Trial courts – Michelle, Nicole, Caitlin, Greg, Michael V.
The OCJ has issued a Notice announcing virtual criminal case management courts will be starting in the following additional locations beginning on September 8, 2020:
· Central East: Barrie, Peterborough, Lindsay
· Central West: Brantford, Milton, St. Catharines, Welland
· East: Brockville, Cornwall, Perth
· Northeast: North Bay, Parry Sound, Sault Ste Marie, Sudbury
· Toronto: 1000 Finch, 2201 Finch
· West: Chatham, Sarnia, London
Please see the full Notice here: Update – Additional Court Locations Commencing Virtual Criminal Case Management Appearances on September 8, 2020
Also, the OCJ has issued a revised Scheduling Notice that includes updates regarding the expansion of Family matters. As of September 14, additional listed court locations are expected to resume in-person family matters as permitted by the Scheduling Directive. As of September 28, 2020, OCJ will begin to resume hearing Applications, Motions to Change, and Family Responsibility Office matters.
Please see attached revised Family Scheduling Notice for details.
In addition to other updates covered in the revised Family Scheduling Notice, beginning September 28, 2020 and until further notice, all First Appearance Court/First Court Dates, as per rule 40(4) of the Family Law Rules before a clerk will be waived. Parties and counsel will be asked to file a new waiver form. Please see the attached revised Notice for additional important details, and find the supporting new Form, attached.
COVID-19: Scheduling of Family Matters in the Ontario Court of Justice (September 2, 2020)
First Appearance Court Waiver
Katie W. Robinette, Executive Director, FOLA.ca
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE
Please find attached, the FOLA weekly update. You can also find it online here.
Please note that a moment ago, the SCJ issued a Supplementary Notice to the Profession and Litigants in Civil and Family Matters Including Electronic Filings and Document Sharing (Caselines Pilot) (September 2, 2020). We heard in our meeting it was coming so it is also mentioned (and linked) in our Update. But in case you want to jump right to it, here it is: https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/supplementary-notice-september-2-2020/
Information about the CaseLines Pilot was just released and is available from the Superior Court of Justice website here.
See the Notice to Profession and links to new forms under Court Info/Forms > Notices/Forms Family on this website.
Guidelines re: Remote Hearings in the Ontario Court of Justice - includes Zoom & JVN WebRTC user guides
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864