This is an update of our previous article regarding available court services which can be found here. This article provides an overview of court services that are available for civil and Commercial List matters as of the date of publication of this article.
Ontario Superior Court of Justice
On May 13, 2020, the Ontario Superior Court of Justice (the "Court") released an updated Notice to the Profession (the "Notice") stating that the Court will not resume:
- in-person hearings of any court matter until July 6, 2020, at the earliest; and
- civil jury selection or jury trials until September 2020, at the earliest.
The Court continues to hold remote hearings for the urgent civil and Commercial List matters and non-urgent civil matters discussed in our previous article. The Court is also continuing to expand its virtual services for hearings in writing, by telephone, or by videoconference. Effective May 19, 2020, contested motions and applications may now be heard remotely in most Court locations. For example, in Toronto, all short motions and applications may now proceed in writing unless a judge or master directs a different procedure.
In tandem with the Court's expansion of matters to be heard remotely, the Court is allowing litigants to serve documents by e-mail "where permitted", to file documents by email (each Court location has a dedicated email address), and to have virtual hearings without the consent or order of the Court. The Court will only enter orders for urgent matters until further notice.
Small Claims Court
The Small Claims Court is a branch of the Court for claims of up to $35,000.00. Effective May 4, 2020, the Ontario Small Claims Court will hear urgent motions and urgent garnishment hearings by telephone or videoconference.
Subject to review by a deputy judge, urgent matters may include:
- cases in which a judgment debtor has an outstanding warrant for arrest in relation to a Small Claims Court proceeding; and
- time-sensitive cases that would cause immediate and serious financial hardship if there were no hearing.
Counter services at all Small Claims Court locations have been suspended. No filings will be accepted in person until further notice. Materials may be filed online and/or by email.
Divisional Court
The Divisional Court is a branch of the Court which hears certain appeals and other matters. Urgent matters continue to be heard by the Divisional Court. Effective May 19, 2020, all in-person hearings that have been cancelled may be rescheduled to be heard remotely. In addition, while in-person hearings scheduled for after August 31, 2020 remain scheduled for now, parties may request that the matter proceed earlier by remote hearing. The Divisional Court is also accepting motions in writing for leave to appeal. For more information, refer to the Divisional Court Notice here.
Court of Appeal for Ontario
The Court of Appeal for Ontario continues to hold remote hearings for the urgent and non-urgent civil matters discussed in our previous article. For details on electronic filing and service of documents, refer to the Court of Appeal for Ontario Practice Direction here.
Originally published June 19, 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.