What about my court case? Anticipated changes to the Courts of Ontario

BY NANA ADJEI-POKU

As an update to my earlier article in April concerning the Courts of Ontario, there are expected changes come July 6^th, 2020.  Most of the courts in Ontario are slated to re-open, but it will not be business as usual. These courts are going to continue holding as many hearings remotely as possible, with some in-person hearings resuming as of July 6^th.  Most Superior court matters have been adjourned until September. It is expected that full court operations will be in full swing as of November of this year.

Phase 1 of the court re-opening will see 56 courts open on July 6^th. Site assessments of these courthouses will be conducted by 30 consultants from the Public Health and Safety Association. If any of the 56 courthouses does not meet the health and safety requirements, it will not re-open. Phase 2 court re-openings will be in September and Phase 3 in November.

Criminal proceedings
With the exception of urgent matters, all criminal matters in certain regions, that were previously scheduled in March to June will have to appear in court on September 15^th, 2020 onwards, depending on the month your matter was originally scheduled. Please check the www.ontariocourts.ca website for confirmation as to when each jurisdiction has rescheduled return dates.

Small Claims Court proceedings
As of June 2020, the following changes have occurred in the Small Claims Court.  All urgent motions and urgent garnishment hearings will be heard only via telephone or videoconference once a judge has approved the matter as being urgent.  In respect of settlement conferences, as long as both parties agree, they will be held remotely.

Family Court proceedings
All case conferences, settlement conferences, motions, motions to change, urgent motions and appeals will be heard through teleconference or video conference throughout the summer. It is suggested to check out the Ontario Court website as well for any changes specific to court jurisdiction.

Anyone who has any business in the court is asked to add approximately 30 minutes to their arrival time to allow for screening. You will also be required to wear a face mask at all times and will be given disinfectant wipes to wipe down any areas touched.

Now, with the above changes expected to begin, the union that represents the Ontario Crown Attorneys filed an injunction at the end of June requesting delay of the re-opening.  The Union stated that the government has not taken adequate steps to protect its employees in a safe manner.  The injunction referenced breaches under the Occupational Health and Safety Act and Charter of Rights.  The Defence Counsel Association of Ottawa disagreed with the Union’s position and said that this move would cause further delay and back log.

As this injunction was just filed, it is too early for me to obtain more information so we will just have to stay tuned and see whether it will be allowed or not.