Criminal — Central South Region

Effective Date: June 30, 2025, Updated: December 2, 2025

This Practice Direction applies to all proceedings in the Superior Court of Justice, Central South Region, effective June 30, 2025 and replaces all previous Practice Directions or Notices to the Profession, which are hereby revoked. Counsel and parties are also advised to refer to the relevant Parts of the Consolidated Provincial Practice Direction.

For complete information on the Presumptive Mode of Hearing Guidelines for the Superior Court of Justice Guidelines, please see the Court’s Consolidated Provincial Practice Directions.

1. The following summary lists the presumptive modes of hearing for matters in the Central South Region (Hamilton, Kitchener, St. Catharines, Welland, Brantford, Cayuga, and Simcoe).

2. A change to the mode of hearing as noted above must be made to the court no later than 14 days in advance of the scheduled event.
3. Ultimately, the final determination of how an event will proceed will remain subject to judicial discretion. This will take into account the issues of the proceeding, the expected length of the hearing, the evidentiary record, e.g. self-represented litigants), the need for in person interpreters, and access to technology (including virtual capacity at institutions and courthouses).

4. Any party seeking to change the presumptive mode of hearing for an event must raise this request with the court at the earliest attendance or no later than when scheduling the event.
5. The request can be raised with the presiding judge at a Judicial Pre-Trial or Assignment Court.

11. Filing Court Documents shall be in accordance with the requirements set out in the Consolidated Provincial Practice Directions, including naming conventions of electronic material being filed, filing methods, timelines for filing, and maximum length of material being filed, except as outlined in this Practice Direction.

12. Parties must comply with the requirements regarding uploading material to Case Center as outlined in the appropriate Provincial Practice Direction. This includes timelines for uploading materials in advance of a hearing and material that should not be uploaded to Case Center.
13. In addition to the requirements outlined in the Provincial Practice Directions, parties are encouraged to consult the material regarding Case Center on the Superior Court of Justice website, available here.

110. A short trial is a trial that will take 20 court days or less.

111. Each court location in the region holds trial sittings at different times throughout the calendar year. The trial sittings are listed in each local calendar of courts. Please contact the local Trial Coordinators Office.

112. Cases that have been placed on the trial list will be deemed ready to proceed. Parties must file their trial readiness form no later than 3 days before the Trial Readiness Court. Trial Readiness Courts are held in advance of each trial sittings. The trial sittings are listed in each local calendar of courts. Please contact the local Trial Coordinators Office.
113. Counsel and parties have a duty to inform the trial coordinator of any pertinent information that may affect the trial (e.g. a case has settled or a change has occurred that will affect the status of the trial).

114. Any request for an adjournment of the trial must be communicated to the trial coordinator immediately. An adjournment can only be granted by order of a judge, even if all parties consent to the adjournment.

115. All trials which are expected to last longer than 20 days are deemed to be long trials.
116. There are two long trial sittings each year in the Central South Region, usually in March (usually commencing just after the March School Breaks) and in October. These dates are listed in the Central South Region’s Regional Court Calendar.
117. Any matter placed on the long trial list is given a fixed date to commence and a judge will be made available to hear the matter in its entirety. Once a matter is placed on the long trial sittings list and a trial date is fixed, adjournments are rarely granted without significant costs ramifications.
118. All family cases requiring more than 20 days for trial must be referred to the Office of the Regional Senior Judge for possible assignment to a Long Trial. Where a judge determines that a matter should be referred to the long trial list, the judge will endorse the Trial Record and the Trial Scheduling Endorsement Form accordingly and forward the Form to the Office of the Regional Senior Judge.
119. The Office of the Regional Senior Judge will arrange a conference call with all parties or their counsel to assign the case to a particular long trial sittings, may order a schedule to be followed to ensure that the case is ready to proceed on the sittings to which it has been assigned and schedule a trial management conference to be held before the trial date.
120. All requests for an adjournment of a trial on the long trial list, including a consent adjournment, must be made to the Regional Senior Judge or his/her designate who will decide if a formal motion is necessary.

Affordable, court-connected mediation services are available at all Superior Courts. Contact information for local mediation service providers is available Home – AXIS Family Mediation Inc. Referrals to private family mediation services are also available through professional organizations such as OAFM and FDRIO. Parties are encouraged to consider using family mediation services to attempt to resolve their disputes. Contact your local mediation service-provider for information about these services including whether mediation is appropriate in the circumstances.

For information on local notices or forms please email your local Trial Coordinator’s Office.

-Uncontested Trial Procedure

-Monthly TBST Court, Monthly Consent and Resolution Court and Trial Readiness Court

-Monthly TBST Court and Trial Readiness Court

-Administrative Direction Regarding Guilty Pleas in Hamilton SCJ

159. To make pre-trial conferences productive, counsel and any self-represented party must, at least seven days in advance of the pre-trial conference, consult and fill out a Rule 50.08 Pre-Trial Conference Report form (or a Rule 76 Report to the Trial Judge form) with the required information respecting witnesses and any other portions of the Report on which the parties agree. For example, that summaries of the proposed evidence of witnesses or opening statements will be exchanged. — Rule 50.08 Form / Rule 76 Form
160. After the parties have consulted, and completed the Report, it must be filed and uploaded to Case Center at least 5 days before the pretrial.
161. The fact that the parties agree on certain matters does not bind the pre-trial conference judge to accept the agreement with respect to the process to be followed or the completion of the Report.
162. All documents filed must be uploaded to Case Center at least five (5) days prior to the event.
163. Pre-trial dates will, where possible, be scheduled within 120 days of the trial date or the commencement of the sittings.
164. The parties must comply with the provisions of R. 53.03 with respect to expert reports and deliver the Certificate referred to in R. 50.03. Failure to deliver all expert reports at least 90 days prior to the pre-trial will likely attract costs sanctions and other directions and terms may be imposed by the pre-trial judge including an order prohibiting expert testimony by any expert whose report was not served in compliance with this Rule.