Justice Adapting - The Ontario Courts

Apr 23, 2020 11:00 AM

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Here is my Newmarket OCJ Update for April 22, 2020 

Teleconference JPT's available for ALL Criminal Matters

Local Administrative Justice Ghosh has advised that Counsel may set teleconference judicial pre-trials in Newmarket for any criminal matter, including:

1. Any “non-urgent” out-of-custody matter,
   
2. “Second look” judicial pre-trials for matters previously set for trial or preliminary hearing, or for matters that have been previously pre-tried before the public health crisis – this may proceed before a new judge, and
   
3. Case conferences for bail hearings (which may include resolution discussions).
   

Ideally a recent Crown pre-trial will have been conducted before a judicial pre-trial is pursued. To arrange a judicial pre-trial, counsel can email the trial coordinator at coordinator at:

Newmarket.OCJ.Criminal.TrialCoordinator@ontario.ca  

Counsel are advised to contact the assigned crown, or if no one assigned, then the resolution crown or David Moull prior to scheduling the available judicial pretrials.

Surety Approvals E -submission/Unsworn

I sent out previously suggested protocol being adopted by several Newmarket jurists with respect to the receipt of unsworn surety materials which has the approval of the provincial crowns. I can now confirm that the federal crowns as well, concur with this process. 

In addition,  some matters are currently being addressed without the delivery of any surety forms, sworn or unsworn, often for matters conducted by duty counsel.  In those circumstances, proposed sureties simply provide their info by viva voce testimony on the record.  In either scenario the signatures of any surety is not being required in surety forms.

I reproduce the suggested protocol below for ease of reference:

1. Defence counsel completes with the proposed surety over the phone the following unsworn/unsigned documents: surety information / identification form; and the surety “affidavit” (not to be sworn)
   
2. These and other relevant bail proposal documents (deeds, banking records, etc.) are electronically transmitted to the Bail Vetting Crown and then to the court prior to the hearing; 
   
3. During the hearing itself (consent or contested), the proposed surety adopts the contents of the unsigned/unsworn documents under oath or affirmation (as an alternative to sworn/signed documentation).
   
4. The hearing is determined.
   

In short the question of whether a sworn surety affidavit is required to conduct a show cause hearing comes down to the position of the particular jurist.  This protocol dispensing with surety signatures is a suggestion for jurists supported by both the provincial and federal crowns, as well as the Local Administrative Justice.  However it does not bind anyone.

I will update if a universal position on the surety signature requirement is adopted. 

Sincerely, Norman Panzica, York Director, Criminal Lawyers Association 

Below please find a link to a Notice from the Chief Justice of the Ontario Superior Court of Justice that states in part that the Superior Court of Justice will not recommence criminal or civil jury selection or jury trials until September 2020 at the earliest.

https://www.ontariocourts.ca/scj/notice-suspension-criminal-and-civil-jury-trials/

Attached is an email that was sent out by Legal Aid Ontario outlining information which may assist lawyers seeking release of clients either through the bail process or by the early release of a sentenced inmate. 

The documents referred to in the email are attached and can also be found on the FOLA website on our Legal Aid page and on our Criminal Law page. 

I would appreciate if you would forward this information on to your members who practice criminal law. 

Thank you for your assistance, 

Terry Brandon

FOLA Legal Aid Chair

Here is my Newmarket OCJ update for April 20, 2020.

In Custody Access to Counsel 

In order to assist with and facilitate communication with their counsel, accused at Central East Corrections are receiving PIN cards.  The cards have 20 dollars of available talk time and can be used by inmates from the POD phones at the facility.   An additional  20 dollars of talk time will be provided to those at Central East Corrections on May 1st.

Surety Approvals  E-submission/Unsworn

There is an ongoing effort to both limit contact with persons and paperwork, and as well, to ensure timely receipt and distribution of bail materials. While there is no certainty the judicial officer will agree, the Newmarket Head Provincial Crown has agreed to the following procedure concerning the delivery of proposed surety materials

1. Defence counsel completes with the proposed surety over the phone the following unsworn/unsigned documents: surety information / identification form; and the surety “affidavit” (not to be sworn)
2. These and other relevant bail proposal documents (deeds, banking records, etc.) are electronically transmitted to the Bail Vetting Crown and then to the court prior to the hearing;
3. During the hearing itself (consent or contested), the proposed surety adopts the contents of the unsigned/unsworn documents under oath or affirmation (as an alternative to sworn/signed documentation).
4. The hearing is determined.

Bail Vettors There will continue to be two assistant crown attorneys assigned as bail vettors.  For this week, they are: 

LeeAnne McCallum:  

LeeAnne.mccallum@ontario.ca

Elissa Kuipers: 

Elissa.Kulpers@ontario.ca

Resolution Crown 

This week's resolution crown is Sham Kumaresan.  She can be reached at:

Shambavi.Kumaresan@ontario.ca

Sincerely,

Norman Panzica, York Director, Criminal Lawyers Association

NOTICE TO THE PROFESSION – CENTRAL EAST REGION – CIVIL - Amended April 14, 2020

NOTICE TO THE PROFESSION – CENTRAL EAST REGION – FAMILY -  Amended April 17, 2020

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. 

Banking Updates

 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. 

Electronic Funds Transfers

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. 

Planning Act notice provisions suspended

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. 

LRO Updates 

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. 

LDD Remote Signing Platform 

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