On Tuesday the Attorney General announced that Ontario courts will carefully begin resuming in-person proceedings on Monday, July 6. To ensure all Ontarians understand the health and safety measures in place, the ministry created a dedicated web page: COVID-19: Reopening courtrooms.
The page explains that visitors will be screened before entry and must wear a face covering inside the courthouse. It also outlines the physical distancing and other measures that will be implemented.
In order to reduce in-person visits to courthouses, court users are encouraged to file documents through the Civil Claims, Small Claims or Family Claims online services or by email, as directed by the Ontario Court of Justice and the Superior Court of Justice.
We encourage you to share the link. Thank you for your continued support and commitment to a safe return to in-person appearances in Ontario’s courtrooms.
Regards,
Office of the Children’s Lawyer – Communication Team
For Court Hearings During COVID-19 Pandemic
The Divisional Court will not resume in-person hearings on July 6, 2020 and will continue to hear matters remotely in accordance with this Notice to the Profession until further notice. Read the full Notice to the Profession here.
Courthouse and Courtroom Adjustments For Commencing Operations
Monday July 6, 2020 will see the Newmarket Courthouse commence a limited reopening to proceedings and operations as it enters Phase 1. There will be 5 courtrooms in the Courthouse modified and euipped with mitigation efforts, including significant portions of plexiglass and sanitizer stations. Those courtrooms are 102, 203, 204, 401 402.
Floor signage and hand sanitizers have been placed throughout the Courthouse and in courtrooms. The public elevator will have floor makings for those waiting, and suggested capacity of 2 persons at a time if not masked, and 3 if masked. The Courthouse will provide 1 day porter/cleaner per open courtroom to facilitate courtroom door and surface cleaning.
Courthouse Entrance Screening
While this issue, like so much else, is still being considered, the initial process will involve entrance screening of all persons, both public and participants, prior to entering the Courthouse, with a minimum of screening type questions being asked.
There is no clear direction as to the requirement to wear masks. While masks will be offered to all, for those persons required to attend court, the general belief at this point is that masks cannot be required, and only offered, as those persons are not voluntary entrants. For those who will not mask for whatever reason, they may be placed in a separate waiting area somewhere while the matter is brought to the attention of the relevant jurist to be addressed and dealt.
No Separate Entrance For Counsel/Staff
At this time, counsel and staff will need to enter by the same entrance as the general public. Jurists will be made aware that same may result in counsel being "late" for appearances and to expect same. It is expected that counsel once screened, would receive a day pass.
Courtroom Plexiglass
There have been concerns raised with respect to height and location of plexiglass within the courtrooms installed for health and safety. In particular, gaps between sections of plexiglass, the height of and absence of same in areas of the courtrooms may be issues to be addressed going forward.
Further Tour
I anticipate attending another tour of the Courthouse and courtrooms wirh a small group sometime this week and prior to the "re-open" on Monday July 6, 2020.
HVAC And Air Quality
With respect to air quality and HVAC isssues, Infrastructure Ontario and CBRE are conducting province wide reports for all.courthouses across the Province prior to July 6, 2020. Newmarket is anticipated to its assessment done today or tomorrow.
Courtroom "Water"
There will not be the traditional water jugs and cups available for participants given touch point issues. Instead, courtrooms will be equipped when courts in session, with water bottles. Counsel will be permitted to bring an "appropriate " or "dignified " bottle of water into courtrooms and jurists will be asked to relax the normal rules of decorum.
Phase 1 Re-opening - Trial/Prelim Confirmation and In Custody Appearances
As on Monday's Phase 1 reopening, there will be 3 operating trial courts. In custody persons will only be coming in person for trials and preliminary hearings. For all other appearances in custody persons will continue to appear remotely.
A confirmation/admin court will sit on Mondays and will start today. That court will address all trial matters scheduled for the following week. Phase 2 will add an additional 3 trial courts.
Crown Assignments Week of June 29, 2020
Monday June 29
202P – Brad
Bradley.Juriansz@ontario.ca
200 Court (judge) – Philip
Philip.Hsiung@ontario.ca
201 Court (judge) – Tony
Tony.VandenEnde@ontario.ca
103 Bails – Samantha
Samantha.Peterson2@ontario.ca
104 Bails – Ivana
Ivana.Denisov@ontario.ca
Bail Vettors –
Michelle - Michelle.Rumble@ontario.ca
Elissa - Elissa.Kulpers@ontario.ca
Remote Duty Crown – Lesley
Lesley.Pasquino@ontario.ca
Tuesday June 30
202P – Jacob
Jacob.Wilson@ontario.ca
200 Court (judge) – Michael D
Michael.Demczur@ontario.ca
103 Bails - Gemma
Gemma.Sang@ontario.ca
104 Bails – Greg
Greg.J.Elder@ontario.ca
Brad - Bradley.Juriansz@ontario.ca
Remote Duty Crown – Erin
Erin.Rizok2@ontario.ca
Wednesday July 1
HOLIDAY
Thursday July 2
202P – Rob De Chellis
Robert.DeChellis@ontario.ca
200 Court (judge) – Thompson
Thompson.Hamilton@ontario.ca
103 Bails - Philip
104 Bails – Jacob
Kevin - Kevin.Stewart@ontario.ca
Martin - Martin.Dionne@ontario.ca
Friday July 3
202P - Greg
201 Court (judge) – Neil
Anil.Singh2@ontario.ca
103 Bails – Tony
104 Bails – Samantha
Brian - Brian.McCallion@ontario.ca
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
Dear Family Law Members:
Please find attached the Family Legal Services Provider Licence Consultation Paper.
The The Access to Justice Committee seeks input by November 30, 2020.
PDF Version
Notice to the Profession Family (Central East) - Effective June 26, 2020
Family Assignment Court Confirmation Form
Family Assignment Court Endorsement Form
These documents are also be posted under Court Into/Forms > Family on this website.
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.
Great news!! Further to our update of June 12, 2020 confirming that RBC has
implemented a new protocol to allow lawyers to pay mortgage discharges by wire, wehave been advised that other lenders will also accept a wire transfer for the payment of mortgage discharge amounts:
We understand that Scotiabank is also accepting payment of mortgage discharge funds by wire, but we have not received wire details/instructions.
We also encourage you speak with your own financial institution or those you regularly work with to determine if they will be making similar arrangements to avoid the need for someone to attend at the bank personally to provide discharge payments
There has been considerable debate regarding the payment of bank fees to send or receive wire transfers. It is FOLA’s position that each lawyer should be responsible for the fees charged by their own bank with respect to sending or receiving wire transfers. FOLA’s position matches that of the Provincial Working Group on Lawyers and Real Estate.
If no consensus is reached by the bar, lawyers may have to negotiate with each other on every transaction, since the incoming wire fees vary from lawyer to lawyer and bank to bank. How would the purchaser’s lawyer know how much the vendor’s lawyer’s bank will charge for an incoming wire, if anything? Some lawyers have all incoming and outgoing wire fees included in their monthly account fees; others are required to pay a set amount to their bank for each wire transaction - and that set amount is not consistent among banks. We have heard of amounts ranging from $15 - $75 per wire.
This is no different from a purchaser’s lawyer couriering funds to the vendor’s lawyer where the purchaser’s lawyer pays for the delivery of the funds to the vendor’s lawyer. The full balance due is delivered to the vendor’s lawyer’s bank by wire, and the purchaser’s lawyer pays whatever charges may be applicable by their bank for the delivery to the vendor’s lawyer’s bank. If the vendor’s lawyer has an arrangement with their bank whereby fees are charged to them to receive a wire, that is the responsibility of the vendor’s lawyer. Such fees are, in our opinion, properly chargeable to a client as a disbursement.
Eldon Horner and Merredith MacLennan attended a meeting of the Law Society’s Real Estate Liaison Group earlier this week. The Real Estate Liaison Group is comprised of benchers and staff from the Law Society of Ontario, senior executives from LawPRO, and members of FOLA and the OBA to discuss and review issues of concern or relevance to the real estate bar.
The Group had planned to meet in February but rescheduled to March due to weather issues. The rescheduled March meeting was cancelled due to Covid. The recent meeting was held by video conference and provided an opportunity for the members to provide updates with respect to the state of real estate practice in light of the current conditions caused by Covid-19. A further meeting is planned for later this summer when substantive issues can be discussed.
SUSPENSION OF LIMITATION PERIODS UNTIL SEPTEMBER
The Province of Ontario has extended the suspension of limitation periods and time periods in proceedings until September 11, 2020.
The extension does not affect matters under the Construction Act and court staff may accept for filing requisitions to note parties in default in construction lien actions. Parties affected by the time limits set out in the Construction Act, or its predecessor Construction Lien Act, should continue to operate within the timeframes specified in those statutes.
The Ontario government announced this month it is combining the Local Planning Appeal Tribunal, Environmental Review Tribunal, Board of Negotiation, Conservation Review Board and Mining and Lands Tribunal via the Ontario Land Tribunals.
The Ontario government announced on June 17, 2020 the new combined tribunals are intended to “make it faster to resolve land use planning disputes”. Changes will take effect July 1, 2020. Further details are 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.
Notice to the Profession, Litigants, Accused, Media and Members of the Public (June 25, 2020)
This update includes information on reopening the courts, including materials from the virtual town hall meeting on June 19, 2020, remote hearings best practices, and FOLA's submission to OCJ Chief Justice Lise Maisonneuve regarding the expansion of services on Family and Criminal matters. View the weekly report here or on FOLA's website here.
Update on Court Reopening - Newmarket Courthouse Walk Thru June 16/20
I attended the Newmarket session/walk thru on June 16, 2020 as part of a small group including our LAJ Ghosh and SCJ Fuerst.
There have been not any significant physical changes as of yet. They intend to install significant amounts of plexiglass particularly in the courtrooms, signage and floor makings throughout the building, and addressing elevator and washroom use. These items are on order but have yet to arrive and be installed*
There was significant discussions of a manner of reopening, with issues to be addressed and finalized shortly. In addition we all had access to the presentation on Friday which may impact or temper the suggestions. In any event below are some of the suggestions and discussions from the walk through (again, though no concrete positions taken as of yet):
1. Permitting use of prisoners box for out of custody accused, or multiple accused to sit in as there is already pre-existing plexiglass. As there is no jury is present and this being simply a covid-19 issue, there would no concern for impact on the trier of fact by presence in the box.
2. Discussion still ongoing as to whether and who would wear masks, and whether same will be mandatory.
3. For jury trials, trying to configure jury boxes or jury seating to comply with adequate social distancing.
4. Jurists, court staff and or some of them may be offsite.
5. No direction yet whether jurists will have the option if wearing a mask or whether such will be mandatory.
6. Removal of lecterns from courtrooms so counsel can likely address court while seated and typing.
7. Vulnerable witnesses - conference room adjacent to courtroom 204 may be able to accommodate face to face examination of witnesses given room dimensions but will depend on judicial and other directions.
* (Installation of the plexiglass barriers took place on the 18th and the law library staff desks were included as part of this project) - Betty
Crown Assignments Week of June 22, 2020
Monday June 22
202P – Rob De Chellis Robert.DeChellis@ontario.ca
200 Court (judge) – Tony Tony.VandenEnde@ontario.ca
201 Court (judge) – Michael Demczur Michael.Demczur@ontario.ca
103 Bails – Samantha Samantha.Peterson2@ontario.ca
104 Bails – Jeff Jeffrey.Costain1@ontario.ca
Bail Vettors – Sham Shambavi.Kumaresan@ontario.ca
Elissa Elissa.Kulpers@ontario.ca
Remote Duty Crown – Lesley Lesley.Pasquino@ontario.ca
Tuesday June 23
202P – Neil Singh Anil.Singh2@ontario.ca
201 Court (judge) – Thompson Thompson.Hamilton@ontario.ca
103 Bails - Martin Martin.Dionne@ontario.ca
104 Bails – Greg Greg.J.Elder@ontario.ca
Bail Vettors – Gemma Gemma.Sang@ontario.ca
Remote Duty Crown – Amy Amy.Barkin@ontario.ca
Wednesday June 24
202P - Brad Bradley.Juriansz@ontario.ca
201 Court (judge) – Erin Erin.Rizok2@ontario.ca
103 Bails – Michelle Michelle.Rumble@ontario.ca
104 Bails – Jacob Jacob.Wilson@ontario.ca
Kevin Kevin.Stewart@ontario.ca
Thursday June 25
202P – Ivana Ivana.Denisov@ontario.ca
200 Court (judge) – Michael Demczur Michael.Demczur@ontario.ca
201 Court (judge) – Samantha Samantha.Peterson2@ontario.ca
103 Bails - Kevin Kevin.Stewart@ontario.ca
Friday June 26
202P - Greg Greg.J.Elder@ontario.ca
201 Court (judge) – Philip Philip.Hsiung@ontario.ca
103 Bails – Gemma Gemma.Sang@ontario.ca
104 Bails – Thompson Thompson.Hamilton@ontario.ca
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