The Ontario Court of Justice is pleased to report that its Scheduling of Family Matters at the Ontario Court of Justice has been updated and is now posted. The modes of appearances have been amended as part of the Scheduling notice. The updated Scheduling notice here: https://www.ontariocourts.ca/ocj/notices/scheduling-of-family-matters/
There are a few significant changes that the Court would like to bring to your attention:
1. Rather than in-person, the mode of appearances for initial and continuing case conferences for domestic matters will be virtual hearings. Case conferences and Status Review Applications in CYFSA matters will also be virtual rather than in-person.
There will be conditions on the virtual hearings for these appearances – they will depend on technology being available for both the parties, the lawyers and the courts. Also note that the First Appearance Court clerk and/or a judge may direct another mode of appearances for the case conferences.
2. Another change concerns the modes of appearances for First Appearance Court. The Court has introduced a bifurcated approach:
- In the Northwest and Northeast regions only, parties and their lawyers may attend the First Appearance Court virtually, if technology is available, and unless otherwise directed by a judge; and
- In the Toronto, Central West and West regions only, parties and their lawyers will be required to attend the First Appearance Court in person, and unless otherwise directed by a judge.
The Court has changed the modes of appearances for First Appearance Courts for a very specific reason. The Court was no longer receiving any consent agreements out of the First Appearance Courts in southern Ontario.
The Court asked and received assurances from Legal Aid Ontario and the mediators that they will appear in-person for these appearances.
First Appearance Courts in the North West and North East regions may remain virtual. This was done to take into account the long distances and lack of available counsel in the North.
Note that the Scheduling notice only includes rules-based events. There are many other appearances that are not covered in the Scheduling notice, including garnishment hearings, child interviews, first meetings, secure treatment hearings and reports on child interviews, etc. that are directed by the judiciary.