Dear Real Estate Representatives, Presidents and Library Staff,
Following our update last week, we have received further information to be shared with the real estate lawyers in your association. We have been diligently working with other stakeholders to seek clarification and effect positive changes for the benefit of real estate lawyers and their clients. We are very happy to be able to confirm some more progress in this regard. A link to this update is available on the FOLA website here.
On behalf of FOLA we wish to express our gratitude to the Treasurer and senior staff at the LSO who have been actively engaged on many issues important to the public and to the bar during these challenging times. It is greatly appreciated.
More great news! We have been advised that MCAP and RMG have rescinded their restriction on lawyers acting on refinance transactions.
A notice sent out last week confirms that effective immediately, MCAP and RMG refinances may be closed through FCT, FNF or individual solicitors.
Most lenders still require certified cheques or bank drafts for mortgage discharge purposes, and with banks closing branches and reducing hours, discharging mortgages is becoming more and more challenging. We continue to work with other stakeholders in an effort to find alternate solutions.
We have been advised that some lenders are offering to debit the lawyer’s trust account directly by EFT to withdraw mortgage discharge funds. It is our understanding that this is not permitted under Law Society By-Law 9. The only external party authorized to debit a lawyer’s trust account is Teranet, and only from a special trust account set up under section 16 of By-Law 9. A lawyer can electronically transfer funds to a lender, provided that the lawyer complies with the By-Law 9 requirements for such transfers. By-Law 9 is available on the Law Society website here.
We have also been asked whether third party EFT platforms for transferring closing funds have been approved by the Law Society, and as far as we know, the Law Society has not approved any. The latest statement from the Law Society on such platforms is here.
In response to questions about whether or not the Emergency Order freezing limitation periods applies to the notice provisions under the Planning Act, the government enacted Ontario Regulation 149/20 last week to clarify. O.Reg 149/20 suspends certain notice periods under the Planning Act until the COVID-19 emergency is terminated or disallowed. The Regulation is available here.
Further letters from the Director of Titles have been received.
A letter from the Director of Titles relating to registered mail for Land Titles Applications is available here.
A letter from the Director of Titles relating to Cautions is available here.
As we previously advised, Lawyer Done Deal has launched a Remote Signing Platform which is available to all lawyers free of charge. It allows lawyers to post documents to clients, host virtual closing meetings and view client signing activity. More details about the platform can be found here. A short video regarding the new platform is now available on the OBA website here.
Stay up to date with FOLA’s real estate information at https://fola.ca/real-estate-law.
Meredith MacLennan and Eldon Horner
FOLA Real Estate Co-Chairs
Here is my Newmarket OCJ update for April 17, 2020.
Addressing New Arrest
Police districts have had success in adding additional rooms and phone lines to accommodate multiple audio calls at a time. As a result police were able to call into more than one courtroom at a time and matters were addressed in a more efficient and timely manner.
Managing Lengthy Contested Bail Matters
The Newmarket courthouse handles a significant volume of matters and is a very busy jurisdiction, with a growing number of serious and complex criminal matters. To address and manage lengthy contested matters, the Local Administrative Justice is making available, where requested, Jurists to case manage these significant matters. Issues can then be addressed and canvased, including attempting to streamline contested hearings and discuss resolution where possible.
In Custody Remand Protocol
With respect to in custody matters the remand protocol will now permit a remand to the next day where there is a bail plan in place, it is a likely release or is a time served guilty plea. Absent that position, the remand can be shortened to two court days if requested Bail remand protocol to adjourn 2 days to set up bail hearing. The goal always being to avoid accused languishing in custody and to address release or resolution as quickly as possible.
Sincerely
Norman Panzica
York Director, Criminal Lawyers Association
Here is my Newmarket OCJ update for April 16, 2020.
In Custody Matters
While in custody matters are being dealt with in a largely efficient and smooth manner, issues have arisen on exceptionally heavy or unusual days. Issues have arisen particularly with respect to dealing with new arrests particularly where matters are complex or are "project" matters. Delays and inefficiencies arise as occasionally files are not being delivered to the vetting crowns early and in a timely fashion, as vetting crowns need to provide positions on release as early as possible.
In addition, some police districts have been unable to facilitate addressing more than one person at a time in court, and therefore, more than one courtroom at a time, given the lack of audio facilities. The result is a delay and inefficiency of addressing new arrests in court.
Court time for new arrests remains as valuable and limited as that given to Central East Corrections matters. Police districts will therefore attempt to add additional audio capability to more timely and efficiently address new arrests in court and in particular, facilitate calling into more that one courtroom at a time. The goal is and has been to deal with as many people in custody as quickly as possible
Bail Vettors
To deal with the additional and fluctuating volume of new arrests and more complex or serious matters, their will be two bail vettors going forward. Files will be divided between both vettors. They are:
LeeAnne McCallum:
LeeAnne.mccallum@ontario.ca
Elissa Kuipers:
Elissa.Kulpers@ontario.ca
Surety Declarations
The use of surety Declarations can be dispensed with where the crown consents or the jurist has made inquiries of the surety. While the requirement of a declaration remains flexible, there is consideration of removing this requirement entirely and on a universal basis. A position on this issue is anticipated shortly.
Missed Fingerprint Dates
Fingerprint dates which had been set to be taken at the Newmarket courthouse on or prior to a first appearance are not being taken by police at this time. York Regional Police have advised that there will be no warrants for failing to attend any fingerprint date that was scheduled to be taken at the courthouse. The manner of taking fingerprints for those matters will be addressed later.
Fingerprints For New Matters
The taking of fingerprints for new matters are now scheduled to be taken at a police station and so indicated on the promise to appear.
Sincerely,
Norman Panzica, York Director, Criminal Lawyers Association
Great news! We have been advised that at least two the major banks will now accept documents signed remotely.
Scotiabank has issued a statement to lawyers available here in English and here in French con firming that signing mortgage documents and identity verification can be done by video conference in certain circumstances. Lawyers who work with Scotiabank should have received the statement through either a posting on Telus Assyst or by email from FCT. Please review the statement to confirm the requirements for meeting with clients by video-conference on a transaction involving a Scotiabank mortgage.
Royal Bank of Canada has also issued a notice via Telus Assyst that video conference meetings to verify identity and sign documents are permitted in certain circumstances. A copy of the notice is available here. Please review the statement to confirm the requirements for meeting with clients by video-conference on a transaction involving a RBC mortgage.
We are very pleased to see these announcements and are hopeful that other lenders will follow suit.
The Director of Titles has provided further guidance relating to some specific questions he has received.
See his letter of April 9, 2020 here relating to original signatures being required on plans and paper documents.
See his letter of April 13, 2020 here relating to expropriations. See his letter of April 14, 2020 here relating to requests to expedite certification of parcelization transfers or PIN splits.
If and when we receive further information of interest to the real estate bar, we will pass it along.
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.
Here is my Newmarket OCJ update for April 14, 2020
Courthouse Reopened
The Newmarket courthouse has reopened today following a thorough cleaning. It is anticipated to be fully operational today as courtrooms will be provided with all requisite documents. The courthouse will return to the updated call in conference codes that were in place just prior to the closure, which are reproduced below.
COVID-19 Reporting
The process and protocol for reporting any potential COVID-19 cases remains in place to ensure safety of those accessing the courthouse. Formal reports will continue to be prepared and delivered to permit appropriate tracking and follow up.
Electronic Bail Variations
An electronic bail variation process, which has been formulated, is nearing formal approval and should be available shortly.
Bail Vettor
This week's bail vettor is LeeAnne McCallum. She can be reached at:
LeeAnne.McCallum@ontario.ca
Resolution Crown
This week's resolution crown is Sham Kumaresan. She can be reached at:
Shambavi.Kumaresan@ontario.ca
Courtroom Call In Information can be found on the Members Only page
Sincerely, Norman Panzica, York Director, Criminal Lawyers Association
The new protocol for in custody matters has been further updated this morning by Regional Senior Justice Rosenberg, and is set out below. To be clear, for the time being, this protocol is only applicable to Newmarket matters:
"Effective April 9, 2020 and thereafter for so long as the courts are restricted due to the COVID-19 pandemic,
• All bail hearings, contested or uncontested, shall be scheduled through the Trial Coordinator.
• All pleas shall be scheduled through the Trial Coordinator.
Bail continuations and plea continuations shall have priority over other matters unless there is an urgent matter such as a time served plea or a consent release, all which shall be scheduled through the Trial Coordinator. Matters shall no longer be adjourned for one day to:
For all matters being scheduled for a Bail Hearing or a Plea, the Trial Coordinator requires the following information:
REGIONAL SENIOR JUSTICE, ESTHER ROSENBERG ONTARIO COURT OF JUSTICE CENTRAL EAST REGION"
As part of LAO’s continuing response to COVID-19, LAO will provide live duty counsel legal advice for in-custody clients with upcoming court appearances and without legal representation for criminal matters, starting April 14, 2020.
In-custody clients calling the dedicated in-custody line will be connected directly with a local duty counsel.
How it works
We are continuing to work with corrections institutions to ensure that LAO clients can access our services during this time.
Lisa Banerjee-Wood, Director General, Central East, Legal Aid Ontario
This is my Newmarket Court update for April 9. 2020.
Courthouse Re-Opening
The courthouse has been cleared and cleared. The report from the cleaning company provides in part:
"CBRE has confirmed a thorough cleaning of the courthouse has been completed to help reduce any potential risk of exposure to COVID-19. As a result, the Newmarket Courthouse will re-open on Tuesday, April 14th, 2020".
Staff are at the courthouse today preparing for the anticipated re-opening this coming Tuesday. Courts will have access to informations located at the Courthouse on Tuesday.
Scheduled In Custody Matters
There are still issues with scheduled time slots being scheduled and not utilized at the set time. A lengthy time slot on a scheduled matter did not proceed yesterday, resulting in wasted, valuable court time. Counsel are asked again not to schedule hearings unless matter is ready and genuinely expected to proceed on the date and time scheduled.
Telewarrants
The telewarrant office is currently is set up on a temporary basis in Barrie and will remain for the time being.
Here is my Newmarket Update April 8, 2020.
Courthouse Cleaning
Multiple preliminary cleaning reports have been delivered to the appropriate staff and final verification is expected shortly. Once fully approved, access to the courthouse by staff will be required a day before operations can restart at the courthouse. A re-opening is now anticipated for some time next week.
Daily remands without a substantive purpose are clogging court lists and taking away valuable time from appropriately scheduled matters. Time slots from Central East Corrections are extremely valuable and limited and set Region wide. The 5 minutes used by such remands are preventing matters from completing or being appropriately dealt with and scheduled as quickly as possible. This is an extremely challenging time. It is not business as usual.
Daily remands without planning or purpose are therefore no longer permitted. Counsel and DC are to schedule matters in advance through the office of the trial coordinator at the following email address:
Luanne.HergottLewis@ontario.ca
Matters not ready will be adjourned more than 1 day and can be brought back earlier once ready to proceed and properly scheduled. An updated or revised remand protocol is anticipated shortly.
Counsel are also asked to ensure sureties and counsel are available and on time so that matters can proceed time at the scheduled time. To maintain the hearing of matters within a time slot, counsel, duty counsel and crowns are asked to be as efficient as possible, relying on filed documentation over testimony where appropriate.
Here is my update for Newmarket April 7, 2020.
Where contested matters are not completed on the court day and within a time slot, an adjournment is then required to continue and complete the matter. In those circumstances, much like prior to the current crisis, a date is set as quickly as possible accommodating all participants. In the current environment an additional day prior to setting the continuation is normally required to properly schedule the continuation on the basis that all time slots with Central East Corrections are set region wide. If it becomes apparent early on in the proceeding that additional time is or likely will be required, it is suggested that the hearing be paused and contact made with the trial coordinator who will attempt to schedule the continuation next calendar court date.
Court Closure /Wash Court
Cleaning on the entire building is under way including all floors and the exterior pod. Updates are anticipated late Wednesday or Thursday. Out of an abundance of caution this weekend's wash court will take place in Barrie commencing Friday given the Easter weekend.
DNA Orders
These orders continue to be made by jurists and are normally done at the courthouse. However time is being given to individuals post conviction and sentence to comply with these orders given the current environment.
Electronic Informations
Police are developing and implementing digital signatures technology allowing police officers to digitally sign informations. This capability is not yet universal for all police officers and services but is anticipated shortly.
Production orders
The CC requires these be done in person with a usual turnaround time of approximately 30 days. Police have been attending courthouses in Oshawa and Barrie which are available when required.
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864