OCJ Update

  • July 02, 2020

A select number of courthouses across the province are currently scheduled to have some courtrooms reopen beginning July 6, as part of the Ministry of the Attorney General’s Phase 1 Reopening, 

A select number of courthouses across the province are currently scheduled to have some courtrooms reopen beginning July 6, as part of the Ministry of the Attorney General’s Phase 1 Reopening, 

Today, the Ontario Court of Justice (OCJ) announced the types of matters that may be heard in-person at these courthouses, subject to judicial approval and availability of limited court space. 

Given the phased reopening, remote hearings remain essential in continuing to advance matters. The OBA is engaged with the courts on both scheduling of in-person attendances and expansion of remote hearings to ensure our members can continue to effectively serve their clients and advance the interests of justice.

FAMILY MATTERS

Commencing July 6, the following matters will be heard in-person at Phase 1 Family Courts (listed below), unless ordered otherwise:

Only a judge will decide if a matter is ready to proceed, which may require a remote court appearance before a judge.

 Phase 1 Family Courts include:

The Court will continue to hear urgent matters, case conferences in previously adjourned matters and, subject to local direction, other family law matters.

 CRIMINAL MATTERS

Commencing July 6, trials and preliminary hearings, for both in and out of custody accused, will proceed in-person as scheduled at Phase 1 Criminal Courts (listed below) unless ordered otherwise. These matters will be spoken to approximately one week before the scheduled hearing date at a special COVID-19 Trial Readiness Court, by audio or video conference. See the Trial Readiness Court Notice for additional details.  

All application materials in relation to trials and preliminary inquiries scheduled to proceed on or after July 6, 2020, should be filed in accordance with the timelines set out in the Criminal Rules of the Ontario Court of Justice. The temporary extension of filing deadlines was ended as of June 15, 2020.  Application materials that should have been filed with the Court on or before June 15, 2020, but for the previous deadline extension, should be filed by Friday, June 19, 2020.

Phase 1 Criminal Courts include:

For matters scheduled to be heard between March 16, 2020 and July 3, 2020, rescheduling will commence later this month. Details about the procedure for rescheduling will be provided shortly.

All proceedings other than trials and preliminary inquiries, including bail proceedings, resolutions (including guilty pleas) involving accused persons who are in and out of custody, remand and case management (set date) appearances, will be conducted by audioconference and/or videoconference, unless otherwise directed by a judicial official.

The OCJ updated its Notice to Counsel and the Public re: Criminal Matters. For a summary of the changes, see here.

People should not attend Ontario Court of Justice courthouses unless they fall in one of the exceptions identified below.

Urgent criminal and family matters: As of May 4, 2020, all urgent criminal and all urgent family proceedings will be conducted by telephone and/or video conferencing, unless otherwise ordered by a judicial official. Attendance in courtrooms for those matters will be restricted to the judicial official and essential court staff, unless a judicial official orders otherwise.

Urgent and/or essential criminal intake court: For urgent and/or essential criminal intake court functions, attendance in courtrooms will be controlled.

Filing urgent court documents: Court documents for urgent matters can now be filed by email. If you are unable to submit an urgent filing in a criminal or family matter by email, please contact your local courthouse.

All family trials, criminal trials and preliminary inquiries scheduled between Friday March 20, 2020 and Monday July 6, 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.

Judicial officials will remain available to preside over:

·       regularly scheduled bail courts, remand and plea courts for in-custody proceedings;

·       plea court for urgent out-of-custody matters;

·       urgent family proceedings;

·       applications under the Health Protection and Promotion Act; and

·       urgent and/or essential intake court functions.

More information can be found here.

The OCJ has issued a Notice to the Profession with instructions for filing documents or requests to the Court by email. The Notice includes additional instructions for emailing documents for family or criminal law matters.

For the OCJ Notice to the Profession regarding Provincial Offences Act (POA) please see here.

  • Video conferencing may be used for remote trial and non-trial Provincial Offences Act matters at OCJ locations that have the required technology
  • In-person Provincial Offences Act appearances may resume at select OCJ locations, provided that the facility has implemented all the necessary health and safety measures
  • December 14, 2020: Espanola
  • January 4, 2021: Brighton, Mattawa, Sturgeon Falls.
  • January 26, 2021: Sharbot Lake
  • The website now publishes information for the current day, as well as the next day. 
  • The initial case information is posted online at 8am, and is updated three additional times throughout the day.
  • October 26, 2020: Exeter, Leamington, Walpole Island First Nation (West Region)
  • November 2, 2020: Huntsville, Minden (Central East Region); Blind River, Elliot Lake, Hearst, Hornepayne, Kapuskasing, Kirkland Lake, Smooth Rock Falls (Northeast Region)
  • November 9, 2020: Bradford (Central East Region); Sioux Lookout, Red Lake
  • November 16, 2020: Collingwood (Central East Region); Atikokan, Bearskin Lake, Big Trout Lake, Cat Lake, Deer Lake, Fort Severn, Ignace, Kasabonika Lake, Keewaywin, Kingfisher, Lac Seul, Mishkeegogamang, Muskrat Dam, North Spirit Lake, Pikangikum, Poplar Hill, Rainy River, Sachigo Lake, Sandy Lake, Wapekeka, Weagamow,  Wunnumin Lake
  • November 23, 2020: Midland (Central East Region); Alexandria, Morrisburg, Picton (East Region)
  • November 30, 2020: Arnstrong, Geraldton, Longlac, Marathon, Manitouwadge, Schreiber, Nipigon, Fort Hope, Landsdowne, Ogoki Post, Summer Beaver, Webequie
  • Provincial Offences Act, ss. 5(6); 5.1(2); 5.1(12); 9(1)(a); 11(1); 11(4); 17(4.1); 17.1(6.1); 18.1(5); 18.2(1); 18.3(1); 19(1); 19(4); 66(1); 69(1); 116(2)(a); 116(3); and 135(2).
  • Rules of the Ontario Court (General Division) and the Ontario Court (Provincial Division) in Appeals Under Section 116 of the Provincial Offences Act, O. Reg. 723/94, ss. 5(2) and 5(3).

  • The OCJ has revised its May 19th Notice to Counsel/Paralegals and the Public regarding Provincial Offences Act matters. In-person proceedings will not be conducted for Provincial Offences Act matters until at least October 19, 2020. However, Provincial Offences Act matters may proceed remotely beginning on September 28, 2020. Judicial pre-trials and early resolution guilty pleas may also be held remotely. For more information, please see here

  • Central East:  Barrie, Peterborough, Lindsay
  • Central West: Brantford, Milton, St. Catharines, Welland
  • East: Brockville, Cornwall, Perth
  • Northeast:  North Bay, Parry Sound, Sault Ste Marie, Sudbury
  • Toronto: 1000 Finch, 2201 Finch
  • South West: Chatham, Sarnia, London
  • civil actions or applications at the Superior Court of Justice; and
  • family proceedings at the Superior Court of Justice and the Ontario Court of Justice.
  • Child, Youth and Family Services Act (CYFSA) trials and summary judgment motions
  • Family Law Act (FLA) and/or Children’s Law Reform Act (CLRA) urgent trials and focused hearings, as determined by the judiciary 
  • CYFSA Settlement Conferences, Trial Management Conferences and/or combined Settlement/Trial Management Conferences
  • FLA and/or CLRA Settlement Conferences and/or Trial Management Conferences
  • Central West: Brampton, Brantford, Milton, Orangeville
  • Northeast: North Bay, Sault Ste Marie, Sudbury
  • Northwest: Thunder Bay
  • Toronto: 311 Jarvis Street, 47 Sheppard Avenue East
  • West: Chatham, Guelph, Owen Sound, Sarnia, Windsor
  • Central East: Barrie, Newmarket, Oshawa (Durham), Lindsay
  • Central West: Brampton, Brantford, Hamilton, Milton, Orangeville, St Catharines
  • East: Belleville (Quinte), Cornwall, Kingston, Ottawa, Pembroke
  • Northeast: North Bay, Sault Ste Marie, Sudbury
  • Northwest: Thunder Bay
  • Toronto: Toronto North (1000 Finch Ave W), Toronto East (1911 Eglinton Ave E), Toronto West (2201 Finch Ave W), 311 Jarvis St, College Park (444 Yonge St), Old City Hall (60 Queen St W)
  • West: Chatham, Guelph, Kitchener (Waterloo Region), London, Owen Sound, Sarnia, St Thomas (Elgin County), Windsor