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.
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.
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.
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
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.
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.
We are pleased to report there have been no new developments or changes.
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”.
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 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.
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.
This is not yet a possibility, but we are hearing of positive developments that MAY lead to such a service becoming available.
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.
Merredith MacLennan and Eldon Horner
FOLA Real Estate Co-Chairs
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.
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.
York Region Law Association 50 Eagle St W, 3rd Floor Newmarket ON L3Y 6B1 905-895-2018 / 1-866-221-8864