Since the COVID-19 pandemic, there have been several changes to the court systems across Canada. Ontario, in particular, has implemented a number of permanent changes to the litigation process in the Ontario Court of Justice, Ontario Superior Court, and Ontario Court of Appeal. These permanent changes include new modes of appearance (remote or hybrid), and new e-filing procedures. This means that litigants will be able to file documents virtually, as well as appear in court virtually in some circumstances. A lot of these changes are likely to prove a benefit to self-represented litigants and increase access to justice generally in Ontario. Let’s take a look at some of those changes across various Ontario courts:
Ontario Court Information for Self-Represented Litigants:
Small Claims Court
Mode of Appearance
In-Person or Remote?
Motions in writing for assessment of damages
All motions in writing for assessment of damages will be conducted in writing.
Assessment hearings
All assessment hearings will be held remotely by videoconference, unless the Court specifies otherwise.
Settlement conferences
All settlement conferences will be held remotely, unless the Court specifies otherwise.
Motions (except motions in writing for assessment of damages)
All motions (except for motions in writing for assessment of damages) will be held remotely, unless the Court decides otherwise.
Proceedings under subrules 12.02(3) or 12.02(7) of the Rules of the Small Claims Court (to stay or dismiss an action or motion)
All proceedings under subrule 12.02(3) or subrule 12.02(7) of the Rules of the Small Claims Court will take place in writing, unless the Court orders otherwise.
Trials
All trials will be held in person, unless the Court specifies otherwise. Remote trials will be held by videoconference.
Garnishment hearings
All garnishment hearings will be held remotely by videoconference, unless the Court specifies otherwise.
Rule 20.10 examinations, including judgment debtor examinations
All examinations under Rule 20.10 of the Rules of the Small Claims Court, including judgment debtor examinations, will be held remotely by videoconference unless the Court specifies otherwise.
E-Filing
Plaintiffs (the person launching the lawsuit) can file documents online using the Small Claims Court E-Filing Service portal and the Small Claims Court Submissions Online portal. Defendants (the person responding to the lawsuit) can file documents online using the Small Claims Court Submissions Online portal.
Family Court
Mode of Appearance
In-Person or Remote?
First Appearance Court/First Court Date
Remote
Initial Case Conference
In-person, unless otherwise directed by the judge
Continuing Case Conference
In-person, unless otherwise directed by the judge
Settlement Conference
In-person, unless otherwise directed by the judge
Trial Management Conference
Remote
Combined Conferences
In-person, unless otherwise directed by the judge
Motions
Remote, unless otherwise directed by the judge
Trial Audit/Assignment Court
Remote
Trials
In-person with discretion for witnesses to appear remotely (hybrid), unless otherwise directed by the judge
E-Filing
Counsel and parties are expected to issue and file their documents electronically by using the Ministry’s Justice Services Online.
Criminal Court (Superior Court of Justice)
Mode of Appearance
In-Person or Remote?
Bail hearings
Accused will appear by video unless otherwise directed.
Judicial Pre-Trial(JPT’s)
Remote, unless otherwise directed (for both represented and self-represented JPTs)
Intake Court
Applicants and Informants may attend in-person; remote processes introduced during pandemic will remain as an alternative option
Trials / Prelims
In-person for all participants (witness, counsel, accused), unless a judge has ordered otherwise
Plea Court
Accused will attend in person unless judge orders otherwise
E-Filing
Documents may be filed electronically (by email), and documents may be signed using an electronic signature
Provincial Offences (Ontario Court of Justice)
Mode of Appearance
In-Person or Remote?
Judicial Pre-Trials
Judicial pre-trials may be held by electronic method (by audio or video conference) or in-person. The decision with respect to the technology used (audio or video) is made locally, taking into consideration the availability of the technology at the court location
Provincial Offence Act appeals may be held in-person or by electronic method (e.g. video)
Trials For Part I and Part II Offences (Tickets and Parking Tickets)
If you requested a trial, your notice of trial will indicate either in-person appearance by having a court address or appearance by electronic method (video) by having Zoom information. If your notice provides for in-person appearance you may contact the court office to request to appear by video.
E-Filing
The Ontario Court of Justice will accept electronically signed documents where a signature is required, and appeals to a judge of the Ontario Court of Justice may be filed by attending the courthouse in-person or you may do so by emailing your Notice of Appeal to the appropriate courthouse
A note on self-represented litigants:
The Superior Court of Ontario’s website notes that they will “take into account the ability of litigants to access and effectively use technology for virtual hearings”. In regard to access to justice, the Court also notes that “there are significant variations in the abilities of litigants to access and use the technology that is required for virtual hearings”. Therefore, while virtual technology can increase access to justice in many circumstances, Ontario courts will likely take into account whether self-represented litigants are able to easily access effective technology, and will likely opt for in-person proceedings if they deem the litigant to be unable to access adequate technology.
DISCLAIMER: articles posted in this blog are for informational purposes only. It may not be up-to-date, is not intended to serve as a comprehensive treatment of the topic, and may not be accurate. It shall not be construed as legal advice. No solicitor-client relationship is established from accessing this website and/or webpage. Nothing replaces retaining a qualified, competent lawyer or other legal professional, well versed in this area of the law to provide you legal advice.
