From the Federation of Ontario Law Associations:
Below is an email from FOLA’s Board Chair, William Woodward. Please share this with your members.
Late Friday evening, FOLA received an very time sensitive request from Attorney General Doug Downey requesting our input and perspective on a potential amendment to the Courts of Justice Act regarding the availability of civil juries. (See letter attached.)
You may recall that the AG recently made changes to remove the availability of jury trials in simplified procedure cases started under Rule 76 of the Rules of Civil Procedure. However, Ontario is one of the last Canadian jurisdictions to allow civil jury trials for most other civil matters, as of right.
Due mostly to the coronavirus pandemic, the demands on the system will continue to evolve quickly as we begin to see the province reopening in stages. To address these changes, the AG and the government will continue to act on the guidance of public health experts, and have expressed a commitment to continue to work together to develop new ways of conducting matters.
Currently, section 108 of the Courts of Justice Act permits a jury of six persons to assess damages and/or decide issues of fact in civil actions, except where prohibited by statute. Certain other statutes provide a judge with authority to direct that an action be brought, or an issue be tried, with a jury in a trial under the act, or set out the responsibilities of the jury where a jury trial is held under the act. (See attached Appendix A to this letter for further details.)
Specifically, the AG is considering an amendment to the Courts of Justice Act to eliminate some or all civil jury trials and would like your thoughts on the following related questions:
1. Should civil juries be eliminated altogether? or
2. If civil jury trials were to be eliminated, are there certain action types that should be exempt? Please specify any action types that in your view should continue to have jury trials available, and the reasons for your view.
The AG has requested our submission by Monday, June 15th. As such, if you wish to contribute your comments for our consideration, please send us your comments NO LATER THAN THURSDAY AT 5:00pm. Please direct your comments to Katie Robinette at katie.robinette@fola.ca.
If your Association would like to submit your own comments, please prepare a written submission and direct it to Ms. Amanda Iarusso, Director of Policy and Legal Affairs, by email at amanda.iarusso@ontario.ca no later than Monday, June 15, 2020.
Update On Court Reopening
As no trials or preliminary hearings will be conducted until July 6, 2020 at the earliest, there is still no clear position on when and how courts will "re-open". Discussions, plans, preparations and tests are underway with numerous options and possibilities being considered to get back to regular court operations. These ideas include remotely conducting aspects of trials where parties consent, installation of plexiglass where appropriate, addressing washroom and elevator usage and interior air quality, use of trailers or larger offsite facilities. There are numerous and significant issues under consideration. A test run/walk through of an open courthouse format is scheduled to be conducted in Brampton this week.
The Criminal Lawyers Association was fortunate to have the benefit of presentations last week from the Attorney General Doug Downey, and SCJ Chief Justice Morawetz and OCJ Chief Justice Maisonneuve in a virtual town hall setting. We all anxiously await updates and the resumption of full court operations, including the conduct of trials and will update the membership accordingly.
Crown Assignments Week of June 8, 2020
Monday June 8
202P – Brad Bradley.Juriansz@ontario.ca
200 Court (judge) – Thompson Thompson.Hamilton@ontario.ca
201 Court (judge) – Samantha Samantha.Peterson2@ontario.ca
103 Bails - Tony Tony.VandenEnde@ontario.ca
104 Bails – Rob Scott Robert.Scott@ontario.ca
Bail Vettors – Sham Shambavi.Kumaresan@ontario.ca
Elissa Elissa.Kulpers@ontario.ca
Remote Duty Crown – Amy Amy.Barkin@ontario.ca
Tuesday June 9
202P – Rob de Chellis Robert.DeChellis@ontario.ca
200 Court (judge) – Melissa Melissa.Henry@ontario.ca
201 Court (judge) – Jacob Jacob.Wilson@ontario.ca
103 Bails - Neil Anil.Singh2@ontario.ca
104 Bails – Tony Tony.VandenEnde@ontario.ca
Bail Vettors – Gemma - gemma.sang@ontario.ca
Jeff - Jeffrey.Costain1@ontario.ca
Remote Duty Crown – Lesley Lesley.Pasquino@ontario.ca
Wednesday June 10
202P - Ivana Ivana.Denisov@ontario.ca
200 Court (judge) – Greg Greg.J.Elder@ontario.ca
201 Court (judge) – Kevin Kevin.Stewart@ontario.ca
103 Bails – Michelle Michelle.Rumble@ontario.ca
104 Bails – Brian Brian.McCallion@ontario.ca
Thursday June 11
200 Court (judge) – Michael Demczur Michael.Demczur@ontario.ca
201 Court (judge) – Erin Erin.Rizok2@ontario.ca
104 Bails – Jacob Jacob.Wilson@ontario.ca
Friday June 12
202P - Samantha Samantha.Peterson2@ontario.ca
200 Court (judge) – Philip Philip.Hsiung@ontario.ca
201 Court (judge) – Thompson Thompson.Hamilton@ontario.ca
103 Bails – Tony Tony.VandenEnde@ontario.ca
104 Bails – Melissa Melissa.Henry@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
Click here for the latest updates.
The Updated Notice Regarding the Suspension of Small Claims Court Operations (June 2, 2020) is available on this website under Court Info/Forms > Notices/Forms Civil.
See new practice notification re new applications and motions to change from Justice Michelle Fuerst under Court Info/Forms > Notices/Forms Family
NOTE FROM CROWN ATTORNEY OFFICE
Bail variations
Counsel are asked to send bail variation requests to the Duty Crown or the assigned Crown – not the bail vettor.
Contested Bail Hearings
Counsel conducting contested bail matters are asked, if possible, would also be helpful if counsel running to send their surety info and materials to the assigned Crown or the bail vettor well in advance, rather than a few minutes before the hearing starts or during the hearing.
Crown Assignments/Contact Info- Week of June 1, 2020
Monday June 1
202P – Rob DC Robert.DeChellis@ontario.ca
200 Court (judge) – Tony Tony.VandenEnde@ontario.ca
201 Court (judge) – Jeff Jeffrey.Costain1@ontario.ca
103 Bails - Michelle Michelle.Rumble@ontario.ca
104 Bails – Ivana Ivana.Denisov@ontario.ca
Bail Vettors – Leeanne LeeAnne.McCallum@ontario.ca
Remote Duty Crown- Amy Amy.Barkin@ontario.ca
Tuesday June 2
104 Bails – Martin Martin.Dionne@ontario.ca
Leeanne LeeAnne.McCallum@ontario.ca
Wednesday June 3
202P - Greg Greg.J.Elder@ontario.ca
200 Court (judge) – Samantha Samantha.Peterson2@ontario.ca
103 Bails – Kevin Kevin.Stewart@ontario.ca
104 Bails – Neil Anil.Singh2@ontario.ca
Bail Vettors – Elissa Elissa.Kulpers@ontario.ca
Sham Shambavi.Kumaresan@ontario.ca
Remote Duty Crown – Gemma gemma.sang@ontario.ca
Thursday June 4
202P - RDC Robert.DeChellis@ontario.ca
200 Court (judge) – Brian Brian.McCallion@ontario.ca
201 Court (judge) – Melissa Melissa.Henry@ontario.ca
Friday June 5
202P - Tony Tony.VandenEnde@ontario.ca
201 Court (judge) – Michael Demczur Michael.Demczur@ontario.ca
103 Bails – Michael Ventola Michael.Ventola@ontario.ca
104 Bails – Samantha Samantha.Peterson2@ontario.ca
Norman Panzica
York Director, Criminal Lawyers Association
Please find attached, a copy of this week’s Sector Call Report. You can also find it (and past Reports) on our website here. Please do share with your members.
Katie W. Robinette, Executive Director, FOLA.ca
Need answers to COVID-19 issues regarding the practice of law? CLICK HERE.
New OCJ Remand Protocol Effective May 25, 2020
The Ontario Court of Justice has released a new remand Protocol effective today. Essentially, matters will continue to be adjourned 10 weeks from the current date.
The protocol applies to current court dates between May 25, 2020 and July 3, 2020. I have attached a link to the directive:
Taking Of DNA Samples
York Regional Police, Operations and Administration has established a mechanism for the taking of court ordered DNA samples during the time of the closure of the Newmarket Courthouse. A temporary location has been set up at 50 Eagle Street permitting the taking of court ordered DNA samples without bringing the public into the main building area. The room for taking samples is located south of the front doors near the Family Law Information Centre. The location has its own entrance and is completely closed off from the remainder of the building.
It is recommended that sentences with DNA orders be made for the following day at 50 Eagle Street at 10:00 a.m. Police will have ident processors available. The goal is to reduce the backlog anticipated when courts return to normal operations.
Crown Assignments Week of May 25, 2020
Here are the assistant crown attorney assignments for this week. Please be aware that the resolution/duty crown also addresses domestic matters.
Monday May 25
200 Court (judge) – Michelle Michelle.Rumble@ontario.ca
103 Bails - Greg Greg.J.Elder@ontario.ca
104 Bails – Jeff Jeffrey.Costain1@ontario.ca
Bail Vettors – LeeAnne LeeAnne.McCallum@ontario.ca
Tuesday May 26
202P – RDC Robert.DeChellis@ontario.ca
Wednesday May 27
202P - Brad Bradley.Juriansz@ontario.ca
Remote Duty Crown – Kevin Kevin.Stewart@ontario.caThursday May 28
201 Court (judge) – Brian Brian.McCallion@ontario.ca
Friday May 29
201 Court (judge) – Vanessa VANESSA.SZIRMAK@ontario.ca
Sincerely,
Norman Panzica, York Director, Criminal Lawyers Association
Operations Update
The Newmarket courthouse (and those across the Province) continue to work remotely with no scheduled physical reopening date in site. Matters continue to be conducted remotely, including bails, judicial pretrials and now resolutions less than 30 minutes in duration, primarily by participants calling in at scheduled times by telephone.
There are ongoing discussions with all stakeholders with respect to expanding operations but at this time entirely on a remote basis. And currently there are no trial dates are being set for any matters. Consideration is being given on potentially conducting aspects of trials remotely, but there is no concrete plan as yet. More is anticipated shortly.
Below is the list of daily crown attorney courtroom assignments and contact information. Please be advised that the duty crown will address both domestic and non domestic matters
Tuesday May 19
202P - Thompson Thompson.Hamilton@ontario.ca
200 Court (judge) – Jeff Jeffrey.Costain1@ontario.ca
201 Court (judge) – Tony Tony.VandenEnde@ontario.ca
104 Bails – Kevin Kevin.Stewart@ontario.ca
Wednesday May 20
200 Court (judge) – Neil Anil.Singh2@ontario.ca
Bail Vettors - Leeanne LeeAnne.McCallum@ontario.ca
Thursday May 21
200 Court (judge) – Rob DC Robert.DeChellis@ontario.ca
103 Bails – Erin Erin.Rizok2@ontario.ca
104 Bails –Michael Ventola Michael.Ventola@ontario.ca
Friday May 22
200 Court (judge) – Vanessa VANESSA.SZIRMAK@ontario.ca
103 Bails - Philip Philip.Hsiung@ontario.ca
Courtroom Call In Info
Here is the Courtroom Call In Information 416-
Tel. 212-8012 866-633-0848
Newmarket OCJ To Hear Non Urgent Matters
Local Administrative Justice Ghosh has released a new protocol to address the scheduling and hearing of non urgent, out of custody matters, beginning on May 19. 2020. This new protocol is designed to implement the recent direction from Chief Justice Maisonneuve's of May 9, 2020 addressing the hearing of non urgent matters.
As per Justice Ghosh, eligible matters will be those cases with counsel that can be resolved through withdrawals, diversions, peace bonds, stay of proceedings, pleas or sentencings that are expected to consume approximately 30 minutes of court time or less.
Hearings can be scheduled by contacting the Newmarket Crown Attorney's Office. In particular, please contact Sean Doyle (Sean.Doyle@ontario.ca) or David Moull (David.Moull@ontario.ca). The Crown will then arrange with the Assistant Trial Coordinators (Newmarket.OCJ.Criminal.TrialCoordinator@ontario.ca) to have the matter brought forward to an agreeable date. If difficulties arise with respect to scheduling, they will be brought to the attention of the Local Administrative Justice.
Hearings will proceed with only remote attendance by counsel and affected parties. Given the limitations of audio conferencing and the much higher demands it places on court staff, it will only be possible to schedule a small number of matters each day. As a result, these plea slots will be very valuable and it will be imperative that matters proceed as scheduled.
To ensure the effective operation of the court, any materials to be brought to the presiding justice's attention are to be emailed to the Assistant Trial Co-Ordinators at least two days prior to the hearing with the subject line clearly indicating the client, the time slot assigned and the courtroom.
Matters with prior JPT Positions
A plea can be scheduled with a jurist who has previously judicially pretried a matter. Jurists have agreed to generally support positions taken by other jurists during the public health crisis. If the hearing jurist disagrees with the position of the pretrial jurist, then the plea can be struck and the matter will then be remanded to the pretrial jurist.
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864