Ontario Civil Courts Respond to Second Wave and Lockdown
With the rising tide of the second wave and another lockdown in the Toronto and Peel regions, Ontario’s civil and appeal courts are taking action to curb the virus spread while maintaining access to justice.
The Court of Appeal for Ontario announced last week that, effective November 16, 2020, it will not be conducting any in-person hearings. Until further notice, all appeals will be conducted remotely.
The Ontario Superior Court also released a new practice direction last week to address the lockdown. Until further notice, new (non-jury) matters in the lockdown regions may proceed in person only if they maintain a 10-person limit in the courtroom. Matters involving more than ten persons in a courtroom that were being heard in person prior to lockdown, may continue to be heard at the discretion of the judge.
The Commercial List in Toronto was quick to go virtual with minimal interruption after the initial lockdown, and has continued to operate virtually ever since. At a recent conference for junior litigators on the Commercial List, Justice Hainey reported that the Commercial List has heard over 3,000 motion since March and is on pace to complete a normal case load for the year.
Outside the lockdown regions, the Superior Court will not commence any new jury selection, except in regions that were in a Green Zone as at November 21, 2020. While there are Ontario court rooms set up to facilitate safe social distancing for matters that need to be heard in person, virtual hearings are strongly recommended in all Ontario regions – not just those under lockdown. Chief Justice Morawetz has asked counsel and litigants “to be accommodating when requests for virtual hearings or other arrangements are made by opposing counsel or parties.”
The Superior Court will release a further update on December 29, 2020.
Litigation can also move forward outside the courtroom. Numerous court reporting offices offer virtual services for out-of-court examinations such as examinations for discovery or cross-examinations on affidavits. Virtual mediation and arbitration services are also readily available.
It certainly was not the year we thought it would be, but the Courts and ancillary services are working hard to keep our judicial system open and accessible as we navigate through these unchartered waters.