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  • 14 Apr 2020 11:42 AM | York Region Law Association (Administrator)

    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 PanzicaYork Director, Criminal Lawyers Association

  • 10 Apr 2020 10:14 PM | York Region Law Association (Administrator)

    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:

    • Schedule a trial or preliminary hearing
    • Determine if sureties are available
    • Determine if counsel is available
    • Determine the status of negotiations between the crown and counsel/duty    counsel
    • Enter a plea involving a penitentiary sentence
    • Set a date when the matter is not ready to proceed (Matters should be    adjourned a longer period of time and brought forward when counsel/duty counsel are ready to set a date or proceed with the bail hearing or plea. Please note that CECC requires 24 hours advance notice to bring a matter forward.)

    For all matters being scheduled for a Bail Hearing or a Plea, the Trial Coordinator requires the following information:

    • Counsel’s name
    • Accurate time estimate provided by both crown and counsel/duty counsel in consultation
    • Whether an interpreter is required
    • Name of correctional facility


    REGIONAL SENIOR JUSTICE, ESTHER ROSENBERG
    ONTARIO COURT OF JUSTICE
    CENTRAL EAST REGION"

    SincerelyNorman Panzica, York Director, Criminal Lawyers Association

  • 9 Apr 2020 4:23 PM | York Region Law Association (Administrator)

    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

    • In-custody clients call LAO’s inmate line at 1-866-883-9665 (TTY 1-866-641-8867), the same line inmates use to apply for legal aid.
    • Clients without counsel and with a court date in the next four days will be transferred to duty counsel at the courthouse where their matter is to be heard.
    • Inmates may receive up to 20 minutes of legal advice per call (per provincial jail call time restriction).
    • Duty counsel financial eligibility test (DCFET) is not required.
    • Calls can be transferred to duty counsel Monday to Friday from 8 am to 5 pm.

    We are continuing to work with corrections institutions to ensure that LAO clients can access our services during this time. 

    Lisa Banerjee-Wood, Director GeneralCentral EastLegal Aid Ontario

  • 9 Apr 2020 10:13 AM | York Region Law Association (Administrator)

    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.

    Sincerely, Norman PanzicaYork Director,  Criminal Lawyers Association 

  • 8 Apr 2020 9:21 AM | York Region Law Association (Administrator)

    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.  

    In Custody Matters

    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. 

    Sincerely 

    Norman Panzica, York Director,  Criminal Lawyers Association

  • 7 Apr 2020 10:14 AM | York Region Law Association (Administrator)

    Here is my update for Newmarket April 7, 2020.   

    In Custody Matters

    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. 

    Sincerely, Norman PanzicaYork Director,  Criminal Lawyers Association

  • 6 Apr 2020 4:41 PM | York Region Law Association (Administrator)

    April 6, 2020

    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.

    The situation is constantly evolving, and we are working to get you timely and accurate information as best we can. 

    LRO and Teraview

    We are pleased to report there have been no new developments or changes.

    Client ID Requirements

    It is important to be mindful that you MUST continue to verify your client’s identity in accordance with ever changing rules.  You must not only follow the LSO guidelines here but you must also be sure to examine the instructions provided by your lender some of whom seem to be maintaining a position that ID verification must be “in person”.

    Expired ID

    The Law Society has confirmed that a driver’s licence that expired on or after March 1, 2020 can be used as valid ID. Further details are available on the Law Society’s website here

    Wire Transfers

    Wire transfers are becoming more and more common as a way of exchanging funds on closing; however, we continue to hear reliable accounts of wire transfers being unable to be completed on the same day due to a variety of factors.  FOLA and others are working on encouraging the banks and credit unions to find a way to ensure timely completion of wire transfers.  If you are intending to use a wire transfer you should have a discussion with the lawyer acting on the other side as to how a delay within the system will be handled. 

    Wire Transfer Fees 

    Some banks are charging a fee to send or receive a wire, and we have received questions from many lawyers about who is responsible for the payment of these fees. The simplest solution is for each lawyer to be responsible for the fees charged by their financial institution for sending or reeving a wire. There is no prescribed rule about this.  Some lawyers have accounts where no such fees are payable. The fees themselves can vary from bank to bank. Wiring fees are disbursements incurred in connection with the transaction.  We recommend that you confirm the expectation with the lawyer on the other side of the transaction prior to requesting or initiating a wire transfer to avoid holding up closing once the funds have been received. 

    Wiring Funds for Discharges

    This is not yet a possibility, but we are hearing of positive developments that MAY lead to such a service becoming available.

    LDD Remote Signing Platform

    Lawyer Done Deal has now launched a Remote Signing Portal 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.   You may wish to consider it as an option if you are engaging in remote signing.

    More detail can be found 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. 

  • 6 Apr 2020 9:26 AM | York Region Law Association (Administrator)

    Here is my update for Newmarket as of April 6, 2020.  

    COVID 19 Incident Reporting Protocol

    The Ministry has employed an updated communicable disease reporting protocol during this health crisis.  The reporting forms are to be completed where incidents are made known and delivered accordingly for notification and tracking purposes. 

    Same Day Traversals

    There is an effort to accommodate same day traversals requests where same is possible. All such requests must go through the trial coordinator who will then contact Central East Corrections to attempt to facilitate the traversal.  The preference remains that the matter be adjourned 1 day where possible. 

    Bail Hearings and Scheduling 

    All bail hearings whether consent releases or contested matters must be scheduled through the trial coordinator in advance.   Counsel are being asked to provide accurate time estimates similar to setting trial dates.  

    Counsel are also asked to provide Duty Counsel with clear and detailed instructions when adjourning matters.  They are to provide accurate time estimates, including the number of witnesses anticipated and whether an interpreter is required, when adjourning in custody matters to the next date.  The time slots from Central East Corrections are set Region wide and are valuable.  Wasted or lost time resulting from insufficient information and preparation has a direct negative impact on those persons in custody. 

    Surety Approvals 

    A position on surety approval has come from the office of the Chief Justice of Ontario Court of Justice.  It is their view that surety signatures are not required on bail and release documents.  However a requirement for surety signatures will be left up to individual jurists, who shall then notify the court clerk if they are insisting on signatures.  

    Sureties continue to attend personally at the courthouse where they remain outside or in the foyer as directed by York Regional Police. The sureties complete and sign the required forms and release documents from that location in addition to calling into the courtroom.  

    Temporary Court Locations

    Criminal court matters are being conducted at the Richmond Hill Small Claims Court, 855 Major Mackenzie, Richmond Hill.  All civil and family matters at the Markham filing office, 8500 Leslie Street in Markham.

    Access to Court Informations

    As advised there is no access to informations currently housed at the 50 Eagle Street Courthouse.  As a result judicial officers are working from dockets and getting assistance from scope notes and documents.  Paperwork is entailed to  jurists for digital signature and then returned.  Existing court informations will be updated when building access is permitted. 

    Sincerely, Norman PanzicaYork Director,  Criminal Lawyers Association

  • 6 Apr 2020 7:53 AM | York Region Law Association (Administrator)

    The Law Society of Ontario continues to release on-demand CPD programs to assist lawyers during this time. "LSO Assists" are free, on-demand webcasts. Topics include Conducting a Paperless Hearing in Family Law, How to Run a Home-Based Practice, Understanding the World of Electronic Documents, and Working Virtually: Leveling the Playing Field with Big Firms. All of the programs can be accessed through the link on the Members Only Page. Resetting your password is simple if you have forgotten it or never had one. 

  • 6 Apr 2020 7:35 AM | York Region Law Association (Administrator)

    Here is my update as of April 4, 2020 from our weekend conference call.

    Courthouse Closure 

    The Facilities Management Branch advises that they are conducting an enhanced cleaning of the courthouse commencing today and is expected to be completed on Tuesday, April 7, 2020.  An additional two days is then anticipated to verify air quality.  A re-opening of the courthouse is therefore expected Thursday April's 9, 2020. This cleaning protocol is consistent with that followed by other courthouses.

    Difficulties may arise with conduct of court proceedings over the next few days.  Court informations cannot be retrieved since no one can physically enter the building until cleaned and verified.  The protocol will be for this time, to work off courtroom dockets and scope access, with an update to the paperwork once the building is cleared to be accessed by staff.  Jurists will be provided with additional endorsement pages along with the dockets which will be attached to the paper informations once access to the courthouse is permitted.

    Courts will run this week entirely by teleconference at the locations indicated in my update Friday, April 3, 2020.  Updates to ICON will be inputted remotely by staff with the exception of new Informations which do not have assigned ICON numbers.

    Newmarket Courtroom Call In Numbers were emailed to you. They are also posted on the Members Only Page.

    I anticipate a further update on Monday morning.

    Sincerely, Norman PanzicaYork 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

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