OCJ
On Monday August 17, 2020, the Court will begin scheduling out-of-custody cases adjourned due to COVID-19 in all court locations. In addition, the Court has revised the Trial / Preliminary Inquiry Scheduling Form that is used to schedule hearings. For more information, see Update regarding the Scheduling of Criminal Trials and Preliminary Inquiries
The Court has issued a Practice Direction setting out a procedure for accused persons who are in custody to waive their right to appear personally before the Court and request to have their matter adjourned in their absence, by instructing defence counsel to complete and file a Waiver and Request for Adjournment / Remand in Accused Person’s Absence” form on their behalf. See: Waiver of Personal Attendance and Request for Adjournment / Remand by Accused Persons in Custody
SCJ
The SCJ has replaced Provincial Practice Direction Regarding Criminal Proceedings with the Provincial Practice Direction / Amendment to the Criminal Proceedings Rules Regarding Criminal Proceedings. It is available on the SCJ website at https://www.ontariocourts.ca/scj/practice/practice-directions/criminal/.
The Federation of Law Association's weekly update is now available. Please click here to view.
Katie W. Robinette
Executive Director
FOLA.ca
The Small Claims Court is further expanding its remote hearings in order to continue to provide access to justice.
As of today, August 10, 2020, the Court will begin scheduling select remote settlement conferences that are requested by one party to an action and meet the criteria set out below.
This expansion will be staggered over time, applying first to settlement conferences that were scheduled to take place between March 16 and March 31, 2020 and cancelled due to the COVID-19 pandemic.
The criteria for scheduling are:
The Court intends to expand to other previously scheduled settlement conferences in the near future, once capacity allows.
Further details will appear on the Superior Court of Justice website later today.
Newmarket Trial/Preliminary Hearing Scheduling
While the Ontario Court of Justice has provided guidance on the scheduling of trials and preliminary hearings, I have been asked to disseminate the procedure applicable to Newmarket matters.
1. Counsel are not to call or attend the Newmarket TC office to schedule a hearing.
2. Counsel must complete a CPT and then a JPT confirming a time estimate.
3. On completion of the CPT and JPT, counsel are required for Newmarket matters to complete and submit this Trial/Preliminary Hearing Scheduling Form:
https://documentcloud.adobe.com/link/review?uri=urn:aaid:scds:US:53d3b70e-b8c5-42fd-b064-e16ef96df23e
to the generic TC email address:
Newmarket.OCJ.Criminal.TrialCoordinator@ontario.ca
Please review the phase-1 trial scheduling procedure outlined in the attached link from the OCJ website, as well as the above trial scheduling form:
https://www.ontariocourts.ca/ocj/covid-19/notice-criminal-july2-2020/
To schedule a trial or preliminary hearing
Counsel are asked to collaborate with the Crown and arrive at a time estimate, often after a JPT, and fill out the scheduling form above. The form must be submitted to the generic TC email address above. Once the dates are approved, they will be confirmed on the following court date in whatever court the defendant was remanded to (in Newmarket, it is often 200 or 201).
Courtroom Call In Information
Tel. 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
Crown Assignments/Contact Information Week of August 10, 2020
Duty Counsel - ozkins@lao.on.ca
Monday August 10
202P – Nicole
Nicole.Murphy@ontario.ca
200 Court (judge) – Ivana
Ivana.Denisov@ontario.ca
201 Court (judge) – Brad
Bradley.Juriansz@ontario.ca
103 Bails -
Samantha -
Samantha.Peterson2@ontario.ca
Neil - Anil.Singh2@ontario.ca
104 Bails – Jina
Jina.Lee@ontario.ca
Bail Vettors –
Elissa - Elissa.Kulpers@ontario.ca
Leeanne LeeAnne.McCallum@ontario.ca
Remote Duty Crown – Lucas
Trials – Philip, Greg, Tony (remote backup for CDSA matter in 203)
**Sham – virtual PH all week
**Amy – Monday triage court
Tuesday August 11
200 Court (judge) – Jina
201 Court (judge) – Samantha
103 Bails - Neil
Anil.Singh2@ontario.ca
104 Bails – Tony
Tony.VandenEnde@ontario.ca
Brian - Brian.McCallion@ontario.ca
Remote Duty Crown – Rosanne
Rosanne.Choi@ontario.ca
Trials – Philip, Greg, Jacob (Guppy and Tipton probation review in 102), Erin (remote new arrest court if Falkenstein resolves)
Wednesday August 12
200 Court (judge) – Jeanaha
Jeanaha.Kim@ontario.ca
201 Court (judge) – Jeff
Jeffrey.Costain1@ontario.ca
103 Bails –
Brad - Bradley.Juriansz@ontario.ca
Ivana - Ivana.Denisov@ontario.ca
104 Bails – Tony (Blenman contested)
Gemma - Gemma.Sang@ontario.ca
Remote Duty Crown – Lori
Lori.Thompson@ontario.ca
Trials – Erin, Jacob (remote new arrests), Kellie
Thursday August 13
200 Court (judge) – Amy
Amy.Barkin@ontario.ca
201 Court (judge) – Philip
Philip.Hsiung@ontario.ca
103 Bails – Neil (Ponniah) / Ivana
104 Bails – Samantha
Trials – Michelle (bail), Tony, Greg (plea), Jacob (remote new arrests)
Friday August 14
202P - Gemma - Gemma.Sang@ontario.ca
200 Court (judge) – Jeff
103 Bails – Jeanaha (McMillan contested)
104 Bails – Kevin
Kevin.Stewart@ontario.ca
Trials – Greg (remote new arrests), Michelle (bail), Tony
Sincerely,
Norman Panzica
York Director, Criminal Lawyers Association
As you know, as part of its mandate, the Law Society recommends and makes appointments to a variety of boards, councils and committees.
The Law Society recognizes the importance of diversity in their appointments process and will take into account membership in equality-seeking communities and knowledge of equality, diversity and inclusion issues.
Currently, the LSO is seeking applications for the following:
The deadline for applications for the Legal Aid Board of Directors is August 15. They will be considering applications for other appointments beginning this fall.
Find more information and submit an application at:www.lso.ca/appointmentapplication
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE.
Letter from Attorney General Doug Downey re Estate Act Consultations. Submissions due August 23, 2020.
Please be advised that the Ontario Court of Justice issued new criminal Notices and a Practice Direction last night. Please find the new notices at: https://www.ontariocourts.ca/ocj/covid-19/
On August 5, 2020, the Justice Services Online platform (ontario.ca/familyclaims and ontario.ca/page/file-civil-claim-online) has expanded to enable the online submission of close to 400 more types of civil and family court documents.
I have attached copies of a letter to the legal community, along with a poster.
Also, as you know, MAG has procured Thomson Reuters CaseLines for the SCJ and a two-week test phase will begin on August 10, 2020 for selected civil motions and pre-trial conferences in Toronto. The pilot will then expand incrementally to other practice areas and court locations. It is anticipated that CaseLines will be implemented province-wide in all SCJ court locations and practice areas by December 31, 2020.
Zoom CaseLines information session:
Monday, August 10, 2020 at 10:00 a.m.
Please click the following link to join this session and enter the passcode below:
https://ca01web.zoom.us/j/66103478817?pwd=dEpzdG5Mb2tZdDA3TmNnVitWa0t1UT09
Passcode (Required): 579037
This presentation will be recorded and available on the SCJ website for those who are unable to attend.
More information about the above webinar and e-Filing in Civil and Family Matters, please see the Supplementary Notice to the Profession and Litigants in Civil and Family Matters – Including Electronic Filings and Document Sharing (Caselines Pilot) (August 5, 2020). The Notice is available here.
Pease find attached, a copy of FOLA’s weekly Update.
Also, On August 1st, 2020, a new regulation was made under the Commissioners for Taking Affidavits Act to set out the framework for commissioners who wish to exercise their powers without being in the physical presence of the deponent or declarant. That regulation is available here.
Supplementary Notice to the Profession and Litigants in Civil and Family Matters – Including Electronic Filings and Document Sharing (Caselines Pilot) (August 5, 2020)
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864