Sent on behalf of the Federation of Ontario Law Associations (FOLA)

     

March 25, 2020

In our continuing commitment to keep you up to date, we have been communicating regularly with all interested parties.  Please circulate this information to the real estate lawyers in your area.

Teraview^® and Land Registry Operations

You can expect some changes in the operation of the Land Registry Offices.  We urge you to be patient, to explain to your clients the uncertainties and delays which may occur and to be prepared with tools like the Lawyer’s Delayed Closing Escrow Agreement prepared by the Working Group on Lawyers and Real Estate, which can be found here. 

This is the unofficial information we have received:

• Teraview^® and ONLand are still up and running and will continue to stay up during all normal hours! 

• All physical Land Registry Offices have commenced reduced hours 9:30 to 12:30. If you need to do anything in paper you should verify the status of your local LRO.
• Some physical LROs (mostly in Eastern Ontario) are still closing ad hoc. For the moment there is no work-around, but efforts are ongoing. The situation is unpredictable at best so lawyers and clients should be prepared to adapt. The list of unanticipated LRO closings is growing, not shrinking. Unfortunately, there is no guarantee that non-convert deals will be registered.
• For the time being it seems the volume of registrations in Teraview^® are up, but certification rates are down to a crawl. Starting tomorrow, March 26^th we expect that the LRO’s will move to much more stringent social distancing so even lower certification rates will likely result.
  

Law Society Program

The Law Society is holding a free audio-only program on Friday, March 27 2020 from 12pm-2pm entitled Your Real Estate Practice and the COVID-19 Pandemic: What You Need to Know Right Now.  You can register for the program here.  (ADDITIONAL NOTE - they can only accommodate so many at a time, but there are multiple replays-Mar 27, Apr 1,2,3, Betty) 

 If and when we receive further information of interest to the real estate bar, we will pass it along.

From the Criminal Lawyers Association:

Here is my update from today's conference call.

As the remote appearance court process is operating, challenges are arising.  Audio problems, attempting to follow schedules of appearances, limitations of resources at Central East Correctional Facility and timely incorporating the presence of requisite participants present challenges.  Regular adjustments and changes are occurring in an effort to address the issues and make the process more efficient and functional. 

Private counsel can arrange to participate and appear remotely in any hearings and to notify and schedule in custody guilty plea matters by emailing the OCJ trial coordinator office at the following email address:

Newmarket.OCJ.Criminal.TrialCoordinator@ontario.ca

All.communication by counsel is to go through this email address.  If counsel wish to schedule a remote guilty plea they are advised to notify the court via this email address 24 hours prior to the plea so that arrangements can be made with all, including with Central East Corrections. 

Currently there will be no daily traversals between courtrooms as there are too many moving parts and resources are significantly limited.  Traversal for example,  in the case of a time served guilty plea, are to be done by remand to following day. Again, notifications to the above email address is required.

There is desire to implement a fully remote court process and to reduce staff from the courthouse to the greatest extent possible.  This is a Province wide effort and is being refined and adjusted constantly. 

Sincerely, Norman Panzica York Director, Criminal Lawyers Association

Please find attached a Notice to the Legal Profession regarding the expansion of the Civil Claims Online service on March 23, 2020.

The online service expansion will assist lawyers and litigants with accessing justice services during these unprecedented times when court counter services are required to be reduced to protect the health and safety of the public and staff. While filings will be accepted through the online system, until normal operations resume, only those matters that are scheduled by the judiciary for an urgent hearing will proceed. Court services will be available for urgent hearings and service will be limited for non-urgent matters.

As set out in the Notice, the Civil Claims Online service should not be used to file documents in a proceeding that has been declared by the judiciary to require an urgent hearing pursuant to the Superior Court of Justice's Notice to the Profession, the Media and the Public dated March 15, 2020 or pursuant to the Commercial List Users Committee Notice dated March 16, 2020.

Sheila Bristo, Court Services Division, Ministry of the Attorney General

Here is today's update from the Courthouse conference call:

Remote In Custody Appearances Protocol 

The new remote in custody protocol is being fully applied as yesterday was first day that every accused person in custody appearing remotely.  While being successful on its first day there are some technological issues that arise, including audio problems. At times persons calling in had difficulty hearing and being heard.  Efforts are being made to improve the the functionality of the equipment used in remote hearings, including adjusting mode of calling in and conferencing in.

Other technical issues include lack of or inconsistent internet and cell service not only in the courthouse but also for some remote participants.   This issue is being considered and will be addressed.

For efficiency of accommodating private counsel in the hearings the suggestion is for email communication with the court clerk.  Counsel is to email and/or be emailed where client name and counsel contact info are received by the court clerk and counsel can then be advised of when and how to call in.  Clearly it is a more efficient use of resources for counsel to call when the court is ready for them, rather than to have counsel call in at random times.  Issues are anticipated with counsel speaking to clients remotely and hopefully such communication between counsel and client can be accomplished prior to the court hearing their particular matter.

There is an effort to make the process entirely paperless, and more efficient by not requiring accused to sign bail documents. 

With respect to contested show cause hearings they can be accommodated remotely and will proceed when all are ready. 

In Custody Trial Dates

In custody trial dates can be set provided that they are set beyond the 10 week protocol dates and when parties are ready to set those dates. 

Electronic Bail Variations

The Local Administrative judge has reviewed documents supporting electronic bail variations and will assigned a Justice to work in conjunction with courthouse staff with the goal of implementing an electronic process for obtaining bail variations. 

Norman Panzica , York Director, Criminal Lawyers Association 

From: JUS-G-MAG-Policy-Correspondence (MAG) [mailto:MAG.PolicyDivision@ontario.ca]

We wanted to let you know that the Lieutenant Governor in Council has issued an order under the Emergency Management and Civil Protection Act that changes how documents are served on the Crown and related entities.

Effective immediately, documents to be served on the Crown and related entities in any civil (non-criminal) proceeding, administrative proceeding or intended proceeding must be served by email, in accordance with the instructions set out on the following website: https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Serving_Documents_EN.html#_Toc441141484

This applies to documents served on

• the Crown
• Ministers of the Crown, including the Attorney General of Ontario
• the Children’s Lawyer
• the Public Guardian and Trustee and
• the Director of the Family Responsibility Office.

The Order in Council will also be posted on this website: https://www.ontario.ca/search/orders-in-council  and on e-Laws, as a regulation under the Emergency Management and Civil Protection Act at: https://www.ontario.ca/laws/statute/90e09?search=emergency+management.

Further inquiry can be directed to the following addresses, quoting the reference # attached to your response/ in the subject line:

E-mail:       attorneygeneral@ontario.ca

Address:   Ministry of the Attorney General, McMurtry-Scott Building, 720 Bay Street, 11th Floor, Toronto, ON M7A 2S9

There are two Local Administrative Judges assisting this week one remotely and one in person.

Over the weekend a blanket order was made limiting all in custody appearances from Central East Corrections to remote appearances only. For Newmarket matters all persons in custody from Central East Corrections will appear remotely. Other secure custody sites may follow same rule. Judges may order that an accused be physically brought to court in particular cases if appropriate.

There is a draft in custody appearance procedure being reviewed and vetted which sets out times, contact phone numbers, etc for conducting remote appearances..The goal is to release the protocol to the CLA shortly to ensure the private bar can be fully involved and integrated into this new process.

Duty counsel and crown ran wash court on the weekend entirely remotely with no issues. Duty counsel have 2 lawyers present remotely and 2 per diem on standby for remote assistance if needed.

Challenges exist concerning contested bail hearings remotely. While the past weekend Wash court involved entirely consent releases, there is a need to appropriately conduct contested show cause hearings remotely, including special bails. Efforts are underway to address the mechanics of same and hopefully will be addressed shortly.

This is the first day of entirely remote appearances. This is a constant work in progress.

Norman Panzica , York Director, Criminal Lawyers Association 

Effective as of end of day on Friday, March 20, 2020, LAO has stopped all in-person staff and per diem services in the courthouses across the province until further notice.  They will be using their normal system of staff and per diems for all services done remotely.  Certificates will still be available in the normal course.  Also, LAO recently announced that  it will be temporarily re-instating the bail block to the private bar with certificates in order to respond to demand as a result of COVID-19. Details to follow. Panel lawyers should know that they can do bails (on certificates) and be paid per the former rules.

LAO also announced that, in order to ensure that those in remand are getting fair treatment and timely access to justice, LAO will no longer assess merit prior to granting bail review authorizations.

Further, LAO is exploring billing and administrative changes to support the private bar and their legally aided clients during this crisis period.

FOLA will endeavour to keep you updated and you are also encouraged to visit their website frequently for more information. 

And finally, attached is a regional contact list for LAO staff. This list may be published and/or distributed to permit members of the private bar to reach LAO staff to facilitate bail matters on Monday. This list should not be considered the final word on the topic. It will be updated on a periodic basis. Updated lists will be distributed as they become available.

March 20, 2020

Good morning:

I am writing on behalf of Chief Justice Maisonneuve.

This communication is to advise of changes that the Ontario Court of Justice (OCJ) is immediately implementing to its ongoing critical operations as a result of COVID-19.

All family trials, criminal trials and preliminary inquiries between Friday March 20, 2020 and Friday May 29, 2020 are suspended, subject to a judge seized with a continuing matter ordering otherwise.  This applies to both in-custody and out-of-custody accused.

Although criminal and family courts remain open for urgent matters, consistent with public health advice, all steps are being taken to reduce in person appearances and to implement social distancing for matters that must proceed. Unless an urgent criminal or family court appearance is required in the Ontario Court of Justice between Friday March 20, 2020 and Friday May 29, 2020 the court is urging individuals not to attend court.

The Ministry of the Attorney General is working with the Court and other key justice stakeholders to implement significant audio and video technology capacity to further minimize in person contact for urgent matters that are proceeding.

The attached public notice provides more important on the matters that will continue to proceed in the OCJ. This notice has been posted to the court’s website (https://www.ontariocourts.ca/ocj/). We invite you to share it with members of your organization and with other organizations as broadly as you wish.

James Schneider for OCJ Communications Officer

Please note the updated COVID-19 Updated notice from the Ontario Court of Justice.  https://www.ontariocourts.ca/ocj/covid-19/

Regional Senior Justice Rosenberg updated the implementation of courtroom closures, limiting to 4 courtrooms today, to mimimize presence of staff, judicial officers and others. Efforts continue to maximize use of audio appearances for in custody matters and to move in person, in custody matters out of the building quickly. This is still a day to day adjusting operation and the goal remains to limit persons physically in the courthouse. This is a fluid situation changing rapidly and the goal being to get through today and each as best as possible

Duty counsel have been instructed not to personally attend the courthouse today and beyond until further notice. Duty counsel are available by email or phone but are awaiting direction as to mechanics of assistance with court operations. Further direction is anticipated over the weekend.

The Criminal Lawyers Association has arranged for lawyer members to attend in person to assist to the extent possible and within their personal discretion today.

All are advised to maintain physical distancing and to address anyone not complying and report same.

The Provincial crown is considering refusing to bring forward impaired driving cases for Stream A resolution as they view such requests as not urgent. There is resistance to this position given the lack of a legislative fix and at this point is only a consideration.

More updates anticipated over the weekend and to be addressed on a Monday morning conference call.

Sincerely

Norman Panzica

York Director, Criminal Lawyers Association

Dear Stakeholder,

The safety of our staff, clients, and stakeholders is our first priority. As we are currently unable to guarantee a safe workplace for our courthouse staff, LAO has determined that it will be asking staff and per-diems not to attend physical courthouses until further notice, effective end-of-day today.

We are hopeful to resume in-person services soon and are working closely with MAG in order to determine when we would be prepared to return to physical courthouses. 

Continuation of client services

We are dedicated more than ever to continuing to provide high-quality services to legal aid clients and we are instituting interim solutions in our district to continue offering services.

Clients can call 1-800-668-8258 if they have questions about what legal aid services are available to them. More information is available on our website.

I will continue to provide you with updates on client services as we put more measures in place. In the meantime, please reach out to me if you have any questions about accessing client services. On behalf of all staff at Legal Aid Ontario, I appreciate your understanding during these difficult times.

Sincerely,

Lisa Banerjee-Wood

Director General

Central East

Legal Aid Ontario