By: Jeff Li and Catherine Tian
On June 26, 2020, a new Notice to the Profession and Family Law Litigants came into effect for the Superior Court of Justice in the Central East Region of Ontario. The Central East Region is a judicial district that includes the York Region (Newmarket Court House), Durham Region (Oshawa Court House), and Simcoe County (Barrie Court House). The Notice sets out how the family law matters will be conducted during the COVID-19 pandemic. It is important for those involved in family and child protection matters to get familiar with the new protocol.
Matters Being Heard at This Time
All family and child protection matters shall presumptively be set for a videoconference hearing to be held through Zoom. If one party cannot utilize videoconference for any reason, the matter shall proceed by Zoom teleconference.
Certain matters may be scheduled for in-person hearings at the courthouse. The priority for in-person hearings is determined by the court and parties cannot obtain an in-person hearing simply by consenting to same. If a lawyer or party is not comfortable with an in-person attendance due to COVID-19 concerns, the hearing will proceed virtually.
- Family Matters
The requirement to demonstrate that a matter is urgent and/or pressing NO longer applies. Parties and/or counsel can set a Case Conference or a Settlement Conference in accordance with the protocol set out below.
Initially three conferences will be set each day at fixed times: 9:30 a.m., 11:30 a.m. and 2:00 p.m. Starting in August, it is expected that these events shall be held on the same days of the week as were originally set prior to the suspension of operations.
No Trial Scheduling Conferences, or Trial Management Conferences will be set as no trials are being scheduled at this time.
There is no requirement for leave based on urgency for motions. The only motions permitted are short/one-hour motions. All motions are to be heard in writing presumptively unless a judge determines otherwise. Family motions do not qualify for in-person court attendances at this time. Rather, counsel and parties are to be available to participate in a Zoom hearing in their time slot if the judge deems necessary.
- Child Protection Matters
All child protection matters will be heard other than trials until further notice. Priority in terms of use of court room attendances will be given to child protection matters particularly summary judgment motions, temporary care and custody hearings and settlement conferences in that order. Priority for in-person attendances will also be given to these events in cases where one or more parties do not have the ability to participate by Zoom.
Assignment of New Dates
All matters that were adjourned sine die (without a new date) or were adjourned to a placeholder date will require a new date in order to proceed. If a party does not request a new date, no date will be set at this time.
Family law matters will generally be dealt with in the order that they were scheduled originally. For example, a case that was set to be heard on March 16, 2020 will be given an earlier date than a matter set to be heard on July 15, 2020 subject to any determination of urgency. In child protection matters, the court will be prioritizing matters based on various factors including the length of time a child has been in care. New dates for long motions and trials are not going to be assigned.
Conduct in Video and Teleconferences
Where a hearing is set to be heard by videoconference or teleconference, the Trial Coordinator will forward the Zoom link to all parties. Parties and counsel are to be ready in the Zoom waiting room at least 15 minutes prior to the scheduled time. For all child protection matters and conferences, parties shall make their best efforts to ensure that they are participating in a private space without anyone else present unless the judge grants leave.
If you have any questions regarding the new protocol, please contact the Law Office of Jeff J. Li at 416.800.7196.