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
Brad - Bradley.Juriansz@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
Sincerely,
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.
Please find attached this week’s COVID update from FOLA.
Katie W. Robinette
Executive Director
FOLA.ca
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE.
As I advised in my Update last Monday July 6, the Newmarket Courthouse commenced a Phase 1 limited re-opening last Monday July 6, 2020.
For the first week, Operations reportedly ran relatively smoothly with no major complaints made known from the various participants and stakeholders. In addition, as I advised last week, all assigned "trial" assistant crown attorneys attended the Courthouse in person last week to deal with their matters. There is no update at this time on the Crown Attorneys Association injunction proceeding, concerning mandating their personal attendance at courthouses Province wide.
Roundtable With Attorney General
Doug Downey
Members are reminded of tomorrow's virtual roundtable between from 1pm – 2 pm. Spaces are limited and members are asked to R.S.V.P. their attendance to the virtual roundtable by emailing Nikita Glenday, Policy Advisor and Manager of Stakeholder Relations, at nikita.glenday@ontario.ca. She will provide you with details of the meeting once you R.S.V.P.
This in an excellent opportunity to gain information and address any questions or concerns. Members are encouraged to register.
Building Entrance And Screening
Security is placed at the main doors to screen persons entering the Courthouse. All persons entering are required to provide the requisite completed screening form questionnaire, and wear masks.
The two Commionaires remain at the front entrance from 8am to 10am, after which time, one of the two roves the building interior to assist in compliance with health and safety issues, including wearing masks in all public areas, and adhering to social distancing.
Courthouse staff are able to access the building between 7am and 10am through a separate door. After 10am they must use the same entrance as the public, as there is reportedly insufficient staff to maintain screening and control access at both entrances throughout the day.
Masks Must Be Worn
The wearing of masks is required by all persons entering the building and must be worn in all publice areas of the building. Exceptions generally apply while in courtrooms to counsel while making submissions, and subject to the discretion of the particular jurist. Some of the traditional rules of decorum are being relaxed, including addressing jurist while seated, as the podiums are not equipped with plexiglass, and bringing water into the courtroom
No Separate Entrance For Counsel
While Courthouse staff are able to enter the building through a separate emtrance between 7am and 10am, counsel are required to enter by the same entrance used by the general public. Jurists will be made aware that same may result in counsel being "late" for appearances and to anticipate same. Once counsel have been screened, they will receive a building pass for the day. However counsel will be screened daily and therefore are required to obtain a new pass each day they attend the Courthouse.
While Newmarket does not offer counsel a separate entrance, atleast one other Courthouse does. In particular, the Courthouse at 1000 Finch has set up a separate entrance for counsel accessible from 8:30am to 9:45am through a door in the mall entrance leading to the courthouse. TPS court officers and a security guard performing active screening are in place at the door to facilitate counsel’s entrance. For those entering that require a face covering, one is provided.
I have inquired whether a separate counsel entrance can be made available at the Newmarket Courthouse and am awaiting a response.
Courtroom Plexiglass
Plexiglass, signage, and sanitizing stations and supplies have been installed throughout the building. Some concerns had been raised previously with respect to the height and location of plexiglass within one or more of the courtrooms installed for health and safety. As a result some replacements/adjustments have been made, in particular in courtroom 102.
Courtroom Cleaning - Trial Matters
Where courtrooms are operating with in-person proceedings, there is an assigned porter/cleaner to clean and sanitize touchpoints within the courtroom. A porter is called into the courtroom by the clerk after a witness completes their testimony, to clean and disinfect affected areas.
Counsel tables are also disinfected during breaks and are equipped with hand sanitizers, disinfectant spray and paper towels. Courtroom plexiglass is cleaned by porters during breaks and on completion of the testimony of aa witness.
Trail Courts In Phase 1
As i advised in previous updates, Newmarket is currently operating in Phase 1 reopening with three trial courtrooms. In those courtrooms, court reporters operate remotely from outside the trial courtroom, and away from the courtroom participants. Clerks are present in the courtroom to manage paperwork.
In the administrative and bail courts, Operations continue to be conducted entirely remotely, although Justices have the option to attend in person at their discretion. There is no further update as to the commencement of Phase 2 reopening.
Crown Assignments Week of July 13, 2020
Monday July 13
202P – Brad
Bradley.Juriansz@ontario.ca
200 Court (judge) – Rob Scott
Robert.Scott@ontario.ca
201 Court (judge) – Samantha
Samantha.Peterson2@ontario.ca
103 Bails – Brian Brian.McCallion@ontario.ca
104 Bails – Jeff
Jeffrey.Costain1@ontario.ca
Bail Vettors –
Elissa - Elissa.Kulpers@ontario.ca
Remote Duty Crown – Lesley
Lesley.Pasquino@ontario.ca
Triage Court - Amy
Amy.Barkin@ontario.ca
Trials – Leeanne, Michelle, Jacob, Greg, Philip, Tony
Tuesday July 14
202P – Rob de Chellis
Robert.DeChellis@ontario.ca
200 Court (judge) – Gemma
Gemma.Sang@ontario.ca
201 Court (judge) – Trial Crown (whose matter goes down, etc on Monday)
103 Bails - Neil
Anil.Singh2@ontario.ca
104 Bails – Trial Crown
Kevin - Kevin.Stewart@ontario.ca
Remote Duty Crown – Rosanne
Rosanne.Choi@ontario.ca
Trials – Leeanne, Michelle, Jacob, Greg, Philip, Tony, Phyllis (if 276 app proceeding)
Wednesday July 15
202P – Erin - Erin.Rizok2@ontario.ca
200 Court (judge) – Thompson
Thompson.Hamilton@ontario.ca
201 Court (judge) – Ivana
Ivana.Denisov@ontario.ca
103 Bails - Tony
Tony.VandenEnde@ontario.ca
104 Bails – Samantha
Remote Duty Crown – Jina
Jina.Lee@ontario.ca
Trials – Leeanne, Caitlin
Thursday July 16
202P – Rob De Chellis
200 Court (judge) – Jina
201 Court (judge) – Tony
104 Bails – Jacob
Jacob.Wilson@ontario.ca
Trials – Leeanne, Michelle
Friday July 17
202P - Brad
200 Court (judge) – Greg
Greg.J.Elder@ontario.ca
201 Court (judge) – Philip
Philip.Hsiung@ontario.ca
103 Bails – Tony
Remote Duty Crown – Erin
Erin.Rizok2@ontario.ca
Trials – Leeanne
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
Sincerely, Norman Panzica, York Director, Criminal Lawyers Association
Order of Associate Chief Justice Frank Marrocco on July 10, 2020 re Continued suspension of Small Claims Court operations due to COVID-19.
Please find attached a copy of this week’s update and the most recent Issues Report. You can also find a copy of the weekly update here.
Katie W. Robinette, Executive Director, FOLA.ca
Paragraph 2 of this order was amended by a July 6, 2020 order of Chief Justice Morawetz. View the order here.
LRO Closures
The Director of Titles has announced the closure of all 54 Land Registry Offices to the public effective October 13, 2020. This means that Friday, October 9, 2020 will be last day the Land Registry Office counter service will be available. Further details can be found in his letter to FOLA here.
Courthouse Finally Opens Today
As of today the Newmarket Courthouse is reopening to limited in person operations. In person trials and preliminary hearings are set to start today. All other criminal matters, including bail hearings and guilty pleas, will continue to be conducted remotely. In custody accused will only be brought to court in person to attend their trials or preliminary hearings.
As I indicated in last week's update, improvements have been made particularly in the way of signage, sanitization, screening and social distancing measures. Alot will be known shortly as these Phase 1 operations commence.
Crown Attorney's Association Injunction Application
Issues have been raised with respect to the health and safety of persons entering Courthouses across the Province by various stakeholders. In particular the Crown Attorney's Association is seeking an injunction to prevent their members from being required to personally attend courthouses given concerns over health and safety. This Application is currently awaiting a hearing. The CLA has advised its members to make their own personal decisions whether to enter courthouses or seek remote appearances.
As for today I have been advised that all assigned trial assistant crown attorneys attended Newmarket in person to deal with their trial matters.
Ministry Of The Attorney General PPE Policy
On Friday, MAG released a formal PPE policy, requiring all Ministry employees to wear appropriate PPE (surgical masks, as opposed to simply “face coverings”) where other appropriate measures are lacking or appropriate physical distancing is not possible. On Sunday MAG advised that surgical masks, face shields and other PPE will not be made available to defence counsel on site, although face coverings will be available to those who do not bring their own.
Crown Assignments Week of July 6, 2020
Monday July 6
202P – RDC
200 Court (judge) – Jeff
201 Court (judge) – Erin
104 Bails – Ivana
Remote Duty Crown – Brian
Brian.McCallion@ontario.ca
Trials – Leeanne, Michelle, Thompson
Tuesday July 7
200 Court (judge) – Jacob
104 Bails – Greg
Remote Duty Crown – Jeff
Wednesday July 8
202P – Samantha
200 Court (judge) – Ivana
Trials – Michelle, Leeanne
Thursday July 9
202P – Greg
104 Bails – Brad
Trials – Leeanne, Rob DC, Philip, Tony
Friday July 10
202P - Jina
201 Court (judge) – Greg
103 Bails – Samantha
104 Bails – Thompson
Norman Panzica
York Director, Criminal Lawyers Association
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864