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  • 2 Jul 2020 1:50 PM | Anonymous

    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 ClaimsSmall 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

  • 30 Jun 2020 9:31 AM | Anonymous

    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.

  • 29 Jun 2020 9:49 AM | Anonymous

    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

    201 Court (judge) – Tony

    Tony.VandenEnde@ontario.ca

    103 Bails - Gemma

    Gemma.Sang@ontario.ca

    104 Bails – Greg

    Greg.J.Elder@ontario.ca

    Bail Vettors – 

     Brad - Bradley.Juriansz@ontario.ca

    Elissa - Elissa.Kulpers@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

    201 Court (judge) – Tony

    Tony.VandenEnde@ontario.ca

    103 Bails - Philip

    Philip.Hsiung@ontario.ca

    104 Bails – Jacob

    Jacob.Wilson@ontario.ca

    Bail Vettors – 

    Kevin - Kevin.Stewart@ontario.ca

    Martin - Martin.Dionne@ontario.ca

    Remote Duty Crown – Lesley


    Friday July 3

    202P - Greg

    Greg.J.Elder@ontario.ca

    200 Court (judge) – Michael D

    Michael.Demczur@ontario.ca

    201 Court (judge) – Neil

    Anil.Singh2@ontario.ca

    103 Bails – Tony

    Tony.VandenEnde@ontario.ca

    104 Bails – Samantha

    Samantha.Peterson2@ontario.ca

    Bail Vettors – 

    Kevin - Kevin.Stewart@ontario.ca

    Brian - Brian.McCallion@ontario.ca

    Remote Duty Crown – Erin

    Erin.Rizok2@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

  • 29 Jun 2020 9:35 AM | Anonymous

    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.

  • 25 Jun 2020 12:48 PM | Anonymous

    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.

    PAYMENT OF MORTGAGE DISCHARGES BY WIRE

    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

    PAYMENT OF WIRE TRANSFER FEES

    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.

    REAL ESTATE LIAISON GROUP

    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.

    NEW ONTARIO LAND TRIBUNALS

    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.

  • 24 Jun 2020 2:15 PM | Anonymous

    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.

York Region Law Association  50 Eagle St W, 3rd Floor Newmarket ON  L3Y 6B1  905-895-2018 / 1-866-221-8864

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