Jan.11, 2021 – 11:29 AM – Superior Court of Justice updates

A few updates regarding Superior Court of Justice and Small Claims Court notices and practice directions hit my inbox this morning.  See below and share with your members:

Gowning for counsel and attire modifications – Effective January 18, 2021, amendments the Consolidated Provincial Practice Direction specify in paragraph 59 the court attendances (in person) at which counsel are not required to gown. Paragraphs 60 and 61 specify that counsel may modify their traditional court attire in order to accommodate personal circumstances.

Class actions – Effective January 18, 2021, amendments the Consolidated Provincial Practice Direction specify in paragraph 43 that costs outlines must be filed in certification and other motions. Amendments to paragraph 44 create a new Class Proceedings Judge’s Book of Authorities with links to the CanLii website. Counsel need not include in their filed books of authorities any of the cases contained in the Class Proceedings Judges’ Book of Authorities. However, extracts from those authorities which counsel intend to refer should be included in the filed book of authorities.

Best Practices Guide for Class Proceedings – The Class Actions Bench and Bar Liaison Committee drafted a Best Practices Guide to assist both counsel and judges by providing suggested topics and processes to be considered in connection with the case management of class actions. This guide is available on the SCJ website at: https://www.ontariocourts.ca/scj/civil/resources/guide-case-management-class-actions/

Toronto Commercial List and Estates List Filing Direction – Amendments to the Toronto Commercial List and Estates List Filing Direction clarify requirements for filing documents with the court and uploading them to a document sharing platform in advance of hearings.

CaseLines FAQ – The CaseLines FAQs have been updated. FAQ 7 sets out the court’s new document naming protocol. FAQ 8 indicates that tabs and bookmarks are now functional in CaseLines. The document is available at: https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/supplementary-notice-september-2-2020/faq-caselines/

Small Claims Court adjournment order – An order of Chief Justice Morawetz further adjourning certain Small Claims Court proceedings to March 1, 2021 is now on the SCJ website at https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/continued-suspension-scc-operations/

Katie W. Robinette

Executive Director

FOLA.ca

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