Please find attached, a copy of FOLA’s weekly Sector Call Report. It is also available online here. Please circulate with your members.
And a couple of important reminders:
Please note that the Court of Appeal currently has a Call for Submissions on the Report of the Discount rate Sub-committee of the Civil Rules Committee. The deadline is July 31th and submissions should be no more than 5 pages. FOLA’s submission, which you can read here, has been sent in and if you are interested in preparing one of your own, it should be sent to Falguni Debnath, Senior Legal Officer c/o Victoria Anderson at Victoria.Anderson@ontario.ca.
Also, in an effort to update the Libel and Slander Act, MAG is currently seeking comments on the Law Commission of Ontario’s report entitled “Defamation Law in the Internet Age”. FOLA has presented MAG with our submission (which you can read here) but if you are planning on submitting your own, you should direct it to Amanda Iarusso, Director of Policy and Legal Affairs, AMG, at amanda.iarusso@ontario.ca by August 1st 2020.
Both reports are mentioned and hyperlinked in the attached Report.
Katie W. Robinette
Executive Director
FOLA.ca
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE.
Just wish to pass on to members the following remand Protocol released by the Ontario Court Of Justice yesterday. Noteworthy is the continuation of the automatic adjournment, which was set to end on Friday. This Protocol is extended until atleast August 21, 2020.
Here is the Notice:
This Notice provides an update regarding criminal case management appearances in the Ontario Court of Justice by accused persons who are out of custody. Further information about criminal proceedings in the Ontario Court of Justice, including the definition of “case management appearances”, is available in the COVID-19: Notice to Counsel and the Public re: Criminal Matters in the Ontario Court of Justice.
Although the Ontario Court of Justice has resumed hearing trials and preliminary inquiries at a limited number of courthouses, the number of people who may be present in the courthouse and in the courtroom remains restricted in order to comply with health and safety precautions and maintain safe physical distancing. For this reason, in-person attendances for criminal court case management appearances can not currently be accommodated.
The Court has been actively working to adopt technology that will allow accused persons and/or counsel to attend criminal case management appearances using remote technology. On Monday August 10, 2020, a virtual criminal case management court pilot will be launched in Ottawa and Kitchener, in which criminal case management appearances will be conducted by videoconference or audioconference. The Court expects to begin implementing virtual criminal case management courts at other court locations later in August.
Case management appearances by accused persons who are in custody will continue to be conducted using remote technology as they have been since March 2020.
Please continue to check the Ontario Court of Justice website for updates.
Commencing Monday August 10, 2020, criminal case management court appearances for out of custody accused will resume at Ottawa and Kitchener using remote technology.
Beginning Monday August 10, 2020, counsel and accused persons who are out of custody will be able to attend for criminal case management appearances in Kitchener and Ottawa by audioconference (telephone) or videoconference using Zoom.
Criminal case management appearances will be conducted by remote appearance (audioconference or videoconference) only. If you have a case management criminal court appearance in the Ontario Court of Justice in Kitchener or Ottawa, do not attend court in person.
Details regarding the pilot in Kitchener and Ottawa, including information about how counsel and accused persons may connect to the court by videoconference or audioconference, will be published the week of August 4, 2020.
Criminal case management appearances in Ottawa and Kitchener before the pilot begins on August 10, 2020 will continue to be automatically adjourned, in the absence of the accused, as described in section 4.3a of the COVID-19: Notice to Counsel and the Public re: Criminal Matters in the Ontario Court of Justice.
The Court expects to begin conducting criminal case management appearances by audioconference or videoconference at additional court locations later in August.
In the meantime, the automatic adjournment of criminal court appearances for accused persons who are not in custody, described in section 4.3a of the COVID-19: Notice to Counsel and the Public re: Criminal Matters in the Ontario Court of Justice, will be extended to August 21, 2020, at court locations across Ontario except Ottawa and Kitchener.
If you have a case management criminal court appearance in the Ontario Court of Justice, on or before August 21, 2020, in a location other than Ottawa or Kitchener, do not attend court. The court will adjourn your matter without you being present, using a court order called a “bench warrant with discretion”, which will require you to attend court on the new date.
To find out what date your matter is being adjourned to, see the list of adjournment dates.
Criminal case management appearances for accused persons who are in custody will continue to be conducted by remote appearances (audioconference or videoconference), in accordance with the procedures in place since March 2020.
Sincerely,
Norman Panzica
York Director, Criminal Lawyers Association
As part of LAO’s emergency response to the COVID pandemic, lawyers will now be able to bill (as of July 26, 2020) Legal Aid Online for:
1. COVID JPT
• Matters must be set down for either a preliminary inquiry or trial, and the JPT must occur between March 16 and October 31, 2020.
• Coverage is limited to one special COVID JPT per proceeding, however, counsel may still request second JPT coverage for matters set down for a preliminary inquiry or trial in the Ontario Court of Justice. This is in addition to JPT and Superior Court of Justice pre-trial coverage available on all criminal certificates.
• For the first JPT request, if eligible, coverage will be automatically added to the certificate within 24 hours of the request. Subsequent requests for JPT coverage will be routed to respective District worklists.
2. Myers (s.525) reviews
• Matters are not subject to merit testing.
• For the first request, coverage will be automatically added to the certificate within 24 hours of the request. Subsequent requests will be routed to respective District worklists.
Further information may be obtained at:
In briefs for lawyers
https://www.legalaid.on.ca/in-briefs/request-your-mandatory-judicial-pretrial-coverage-online/
COVID-19: Ongoing supports for lawyers
https://www.legalaid.on.ca/lawyers-legal-professionals/covid-19-ongoing-list-of-supports-for-lawyers/
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
Bail Vettors –
Sham Shambavi.Kumaresan@ontario.ca
Brad Bradley.Juriansz@ontario.ca
Remote Duty Crown – Lori
Triage Court - Amy
Amy.Barkin@ontario.ca
Trials – Martin, Caitlin, Michael V., Jacob, Rob DC, Brian
Tuesday July 28
202P – Ivana
Ivana.Denisov@ontario.ca
200 Court (judge) – Nicole
201 Court (judge) – Philip
Philip.Hsiung@ontario.ca
103 Bails - Tony (look at Jourj and Peralta bails scheduled for this day)
104 Bails – Samantha
Samantha.Peterson2@ontario.ca
Michelle - Michelle.Rumble@ontario.ca
Kevin - Kevin.Stewart@ontario.ca
Remote Duty Crown – Erin
Erin.Rizok2@ontario.ca
Wednesday July 29
200 Court (judge) – Gemma
Gemma.Sang@ontario.ca
201 Court (judge) – Tony
103 Bails - Sham
Shambavi.Kumaresan@ontario.ca
104 Bails – Thompson
Thompson.Hamilton@ontario.ca
Elissa - Elissa.Kulpers@ontario.ca
Jeanaha - Jeanaha.Kim@ontario.ca
Remote Duty Crown – Rosanne
Rosanne.Choi@ontario.ca
Trials – Martin, Caitlin, Michael V., Kevin, Ivana
Thursday July 30
202P – Tony
201 Court (judge) – Erin
103 Bails – Rob Scott
Robert.Scott@ontario.ca
104 Bails – Jina
Brad - Bradley.Juriansz@ontario.ca
Trials – Martin, Caitlin, Michael V., Kevin, Ivana, Jacob, Philip, Rob DC
Friday July 31
202P - Nicole
200 Court (judge) – Tony
201 Court (judge) – Sham
104 Bails – Brad
Bradley.Juriansz@ontario.ca
Trials – Martin, Caitlin, Michael V., Jacob, Philip, Rob DC
Notice to the Profession re Protocol for Civil Matters in the Superior Court of Justice, Central East Region - Effective July 27, 2020
This morning I was part of a conference call with assorted Courthouse stakeholders. The purpose of the call was to discuss issues with respect the prompt hearing of bail matters when they are ready to proceed.
One of the most significant challenges faced by Newmarket stems from the limited resources available from to Central East Corrections to call into court and address those in custody remotely. The limited number of pods available to contact courtrooms as well as the fact that Central East accommodates Oshawa and the Tri County courts (Peterborough, Lindsey and Cobourg) in addition to Newmarket, presents further scheduling challenges.
In addition, further delays are a result in part, of the following:
1. A significant increase in past few weeks of new arrests increasing the numbers of persons appearing from Central East with no increase in remote appearance capacity.
2. Matters adjourned to next day, at the request of counsel or accused, rather than the 2 days or more as per the protocol, with no substantive purpose to be addressed, resulting in the waste of a time slot that could have been used by another in custody for a significant purpose.
3. Counsel canceling at the "11th hour" (ie late night before or morning of) contested bail hearings resulting in a waste of that video/audio slot that could have been used by others in custody who are ready to proceed. There have been 4 such last minute cancellations in past few days alone creating significant delays and problems.
4. Under the current reopening protocol, persons in custody are dealt with exclusively remotely and cannot be physically brought to the Courthouse unless they are attending a preliminary hearing or a trial.
The RSJ is looking into addressing these issues and is reviewing input from stakeholders. On a positive note, we anticipate increased remote capacity from Central East in late August. In addition, consideration is being given to the use of zoom bail hearings, where matters are set for half day or more, where parties agree.
Please find attached, this week’s COVID-19 Update. There is no updated Issue Response Report and MAG is still working away on some of our questions.
I will note that, included in the report, are two Court Postings from this week:
The OCJ published a guide for family Self Represented Litigants during COVID-19. You can find that here. And the SCJ issued a Notice from Chief Justice Morawetz regarding justice participants unable to attend SCJ proceedings in person. You can read that here.
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE
On July 6, 2020, the Ontario Superior Court of Justice resumed in-court hearings in certain court locations following health and safety recommendations from public health officials which were implemented by the Ministry of the Attorney General. Each week, further courtrooms are re-opening across the province after the recommended health and safety measures are implemented, allowing more matters to be heard in courthouses.
The Ontario government has more information about the reopening of courtrooms, the health and safety measures put in place, the requirement to self-screen before entry, and the expectations of all court users, which is accessible here.
I also recognize that some counsel, parties and justice participants may be uncomfortable attending a courthouse during the COVID-19 pandemic. Some may have underlying health conditions, or live with someone who does, or have childcare issues arising from the pandemic. Many may not wish to disclose personal health information. Accordingly, I have encouraged all judicial officers, when exercising their authority, to be flexible and to respect the various reasons why an individual may not be comfortable attending a courthouse in person. The feasibility of a virtual hearing is to be explored, when requested. Similarly, I encourage counsel and parties to be accommodating when requests for virtual hearings are made by opposing counsel or parties.
Requests to have matters heard virtually or in writing – rather than in-person – should be made to the judge or local trial coordinator at the time the hearing is requested and before it is scheduled. Last minute requests to reschedule matters places unnecessary, additional burdens on trial coordinators, and may prejudice or inconvenience opposing counsel, parties and witnesses.
I thank you for your cooperation.
Geoffrey B. Morawetz, Chief Justice
As the Newmarket Courthouse continues to operate under Phase 1 protocol, matters are proceeding relatively smoothly. There have not been any reported positive COVID-19 cases amongst the staff, unlike the current situation in Brampton where some staff have tested positive.
There have been some complaints with respect to the scheduling and timing of addressing bail matters in Newmarket. These complaints not only relate to when counsel can speak to their matters by audio, but also how quickly bail matters can be scheduled for hearings. These issues have been brought to the attention of stakeholders and it is hoped that bail matters can be addressed in a substantive manner as quickly as possible. Crown Assignments Week of July 20, 2020
Monday July 20
202P – Rob De Chellis Robert.DeChellis@ontario.ca
200 Court (judge) – Samantha Samantha.Peterson2@ontario.ca
201 Court (judge) – Erin Erin.Rizok2@ontario.ca
103 Bails – Ivana Ivana.Denisov@ontario.ca
104 Bails – Michelle Michelle.Rumble@ontario.ca
Bail Vettors – Sham - Shambavi.Kumaresan@ontario.ca
Remote Duty Crown – Jina Jina.Lee@ontario.ca
Triage Court - Amy Amy.Barkin@ontario.ca
Trials – Leeanne, Tony, Jeff
Tuesday July 21
202P – Nicole Nicole.Murphy@ontario.ca
200 Court (judge) – Jina Jina.Lee@ontario.ca
201 Court (judge) – Greg Greg.J.Elder@ontario.ca
103 Bails - Gemma Gemma.Sang@ontario.ca
104 Bails – Jacob Jacob.Wilson@ontario.ca
Bail Vettors – Elissa - Elissa.Kulpers@ontario.ca
Remote Duty Crown – Kevin Kevin.Stewart@ontario.ca
Trials – Leeanne, Philip, Tony, Jeff
Wednesday July 22
202P – Samantha Samantha.Peterson2@ontario.ca
200 Court (judge) – Ivana Ivana.Denisov@ontario.ca
201 Court (judge) – Michelle Michelle.Rumble@ontario.ca
103 Bails - Tony Tony.VandenEnde@ontario.ca
104 Bails – Neil Anil.Singh2@ontario.ca
Sham - Shambavi.Kumaresan@ontario.ca
Trials – Leeanne, Philip
Thursday July 23
202P – Brad Bradley.Juriansz@ontario.ca
200 Court (judge) – Michael D. Michael.Demczur@ontario.ca
201 Court (judge) – Brian Brian.McCallion@ontario.ca
103 Bails - Kevin Kevin.Stewart@ontario.ca
104 Bails – Thompson Thompson.Hamilton@ontario.ca
Jeff - Jeffrey.Costain1@ontario.ca
Remote Duty Crown – Rosanne Rosanne.Choi@ontario.ca
Trials – Leeanne, Rob De Chellis, Erin, Tony, Jacob
Friday July 24
202P - Nicole Nicole.Murphy@ontario.ca
200 Court (judge) – Neil Anil.Singh2@ontario.ca
201 Court (judge) – Thompson Thompson.Hamilton@ontario.ca
103 Bails – Michael D. Michael.Demczur@ontario.ca
104 Bails – Samantha Samantha.Peterson2@ontario.ca
Norman Panzica, York Director, Criminal Lawyers Association
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.
Consultation re: Virtual Commissioning Regulations
Have your say! The Ministry of the Attorney General is accepting comments on its proposal to establish a regulatory framework that enables virtual acts of commissioning. The proposal was posted on July 14, 2020 and comments are due by July 22, 2020. Further details are available here.
The consultation window is very short, so we encourage anyone who is interested in providing comments to do so before the deadline.
Planning Act Amendments
We regularly receive inquiries about the status of the Planning Act amendments brought forward by Doug Downey in a private members’ bill last year. The bill effectively died following second reading when Mr. Downey was appointed to cabinet as Attorney General. As we have previously reported, the draft amendments are now with the Ministry of Municipal Affairs and Housing and we have been encouraging the government to reintroduce them in a new bill.
Earlier this week we participated in a Justice Sector Call with the Attorney General and had an opportunity to ask him about the status of these amendments. He is still very keen to see these amendments enacted, and suggested that letters of encouragement from lawyers to their local MPPs may be helpful. Contact information for all MPPs is available here.
Tarion Consultation
Tarion is seeking input on 10 consumer protection initiatives, including the implementation of eight of the Auditor General’s recommendations. Further details are available here.
Tarion has offered to set up an online meeting with the FOLA Real Estate representatives if there is interest. Alternatively, written submissions can be made through the Ontario Regulatory Registry here or by emailingsubmissions@tarion.com before August 24, 2020.
Please let us know if your association is interested in participating in an online consultation with Tarion regarding and if there is sufficient interest, we will make arrangements.
Tarion Advisory
Tarion issued a bulletin on July 6, 2020 regarding the reinstatement of timelines and resumption of in-person inspections. The bulletin is available here.
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.
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864