Ontario Court of Justice Update

The Ontario Court of Justice is suspending all criminal trials and preliminary inquiries involving out-of-custody accused persons scheduled between Monday April 26, 2021 and Friday May 7, 2021, subject to a judge seized with a continuing matter ordering otherwise.

The OCJ is suspending all criminal trials and preliminary inquiries involving out-of-custody accused persons scheduled between April 26, 2021 and May 7, 2021, subject to a judge seized with a continuing matter ordering otherwise. Other criminal matters involving out of custody accused persons may proceed as scheduled. All matters involving in-custody accused persons may also proceed as scheduled. For more information, please see the Notice.

The OCJ will adjourn all family and Child, Youth, and Family Services Act trials (including in-person, hybrid, and remote trials) scheduled between April 26 to May 7, 2021. Counsel and parties should not attend Court for these types of trials during this period. The Court is committed to facilitating proceedings by remote technology where possible, unless an in-person hearing is required to ensure meaningful access to justice. For more information please see the Notice.

The Ontario Court of Justice has issued an Order pursuant to s. 85 of the Provincial Offences Act extending timelines until September 7, 2021 relating to POA appeals under the Act that would have expired on or after March 15, 2020. Prior to September 7th, 2021, only urgent POA appeals to a judge of the Ontario Court of Justice will be accepted for filing.

The Judicial Appointments Advisory Committee has advised it is inviting applications for a judicial position in Halton presiding over criminal law matters. The minimum requirement to apply to be a Judge in the Ontario Court of Justice is ten years completed membership as a barrister and solicitor at the Bar of one of the Provinces or Territories of Canada.

The Judicial Appointments Advisory Committee has advised it is inviting applications for 2 judicial positions in Sudbury presiding over criminal and family law matters (approximately 50% criminal and 50% family matters). The posting reads: "Applications must be on the current prescribed form and RECEIVED BY 11:59 p.m. on Thursday, March 11, 2021.

The Ministry of the Attorney General has announced that it will establish a threshold limit for small estates in order to simplify the probate process for such estates, as per the Smarter and Stronger Justice Act, 2020. Beginning on April 1, 2021, Ontario will set the limit for a small estate at $150,000 and will remove the requirement to post bond in most small estate probate applications. For more information, please see this News Release

The Red Lake Courthouse (located at 115 Howey Street) has been approved to resume in-person operations effective February 8, 2021. MAG has approved the courthouse for in-person proceedings based on its readiness verification process and site assessment.

LAO will double compensation for bail hearings for block fee and tariff matters in recognition of longer bail hearings. 

The OCJ has announced a new pilot project in Ottawa involving Enhanced Designations of Counsel. Effective February 1, 2021, this pilot project will allow accused persons whose counsel have filed an Enhanced Designation of Counsel to have their matters adjourned to the next court date without the matter being addressed in court. For more information, please see the Practice Direction.