Civil — Northeast Region

Short Motions

8. Motions that are expected to take one hour or less may be scheduled on a regular motions day by serving and filing the motion materials with the court within the timelines set out in the Rules of Civil Procedure.

9. An associate judge has jurisdiction to hear any motion in a civil proceeding except those specified in rule 37.02(2). In Sudbury, unless the relief requested in the motion is within the exclusive jurisdiction of a judge, a motion returnable by attendance must be made to “the Court” and heard by an associate judge. To assist with the proper scheduling of motions in Sudbury, counsel and self-represented litigants may obtain from the court registrar a list of motions dates that will be presided over by an associate judge and dates that will be presided over by a judge.

   Long Motions

10. Long motions and applications are matters that are scheduled for more than one hour and require a special date. The following protocol applies to the scheduling of long motions:

    1. The motion or application shall be initially made returnable on a regular motions list;
    2. The parties may attend on the first return date to set a timetable with the presiding judge or associate judge, or alternatively may file a consent timetable including a return date;
    3. In the week prior to the next return date on a short motion list, provided all materials including factums have been served and filed, counsel shall contact the trial coordinator to canvass dates for the hearing. At the second return date the presiding judge or associate judge shall confirm that all materials have been filed and confirm the date for the hearing of the motion. Once again, if all the materials have been filed, counsel agree to the proposed date and file a consent to reflect their agreement, they need not attend at the second return date;
    4. When a date for the hearing of a long motion has been scheduled, that date may only be vacated or adjourned by order of a judge or an associate judge;

    5. The court may, in its discretion, waive compliance with this protocol in exceptional circumstances.

       Factums and Books of Authority

11. A properly drafted factum is required on long motions and are optional on short motions, subject to the direction of the court.

12. Factums and books of authority must comply with the requirements set out in paragraphs 30-40 and 45-46 of the Consolidated Provincial Practice Direction for Civil Proceedings, found at the following link: Consolidated Civil Provincial Practice Direction, failing which the motion may not be heard.

13. Except with respect to construction lien cases, pursuant to Rule 50.13, direction is hereby given by the Regional Senior Judge that associate judges are authorized to convene case conferences and to make case management orders. A separate judge’s order is not required for each proceeding.

14. The following page limits apply with respect to the following documents:
    1. Factums, 15 pages;
    2. Judicial pre-trial conference briefs, 15 pages.

15. Pursuant to Rule 13.1.01(3) of the Rules of Civil Procedure, North Bay, Parry Sound, Sudbury, Haileybury, Sault St. Marie, Cochrane or Gore Bay have been designated as the place for commencement of mortgage proceedings for property located anywhere in the Northeast Region.

16. In Sudbury, the following construction lien matters are properly brought before an associate judge:
    1. All motions for which jurisdiction under the Construction Act has not been conferred only to a judge and for which no reference has been ordered.
    2. Matters that may be brought without notice, such as motions to vacate liens by payment into court.

17. Throughout the region, all motions and other hearings in construction lien actions for which a reference to an associate judge has been ordered shall be heard by an associate judge.

    First Judicial Pre-Trial Conference

18. It is preferred that counsel who will appear at trial and their clients attend the first pre-trial conference. Every effort will be made to discuss a resolution of the proceeding at this first appearance. If a settlement cannot be achieved at this stage, then the pre-trial judge or associate judge shall order:

    1. the exchange of Affidavits of Documents together with a copy of each document referred to in Schedule A;
    2. the date for examinations, as well as the answering of undertakings;
    3. the date for a motion relating to refusals on examinations and any other contemplated motions;
    4. that a “Scott” Schedule and any responding Schedule be prepared and delivered prior to the next appearance date. The Scott schedule shall contain a list of the disputed factual issues as well as each party’s position on each of the issues;
    5. the next pre-trial date; and,

    6. that Plaintiff’s counsel take out an order incorporating the above-noted terms.

       Second Judicial Pre-Trial Conference

19. It is mandatory that all counsel who will appear at trial and their respective clients attend the second (and, if necessary, any subsequent) pre-trial conference.

20. The pre-trial judge or associate judge will discuss and assess the progress of the proceeding and will consider an appropriate award of costs for non-compliance with the First Appearance Order.
21. At the second pre-trial conference, the parties will be required to detail their respective positions with supporting documentation.
22. If the proceeding is not settled at the conclusion of this second or subsequent pre-trial conference, the pre-trial conference judge or associate judge shall adjourn the matter to the trial coordinator to fix a date for trial.

23. A pre-assessment hearing will be scheduled for all solicitor/client costs assessments.
24. The hearing is meant to assist the parties in the mediation of their dispute and, failing settlement, to ensure that the matter is ready for hearing.
25. When the documents needed to obtain a Notice of Appointment for Assessment of Costs (Form 58A) are filed, the court shall:
    1. Set a date for a pre-assessment hearing, to be held by teleconference; and
    2. Issue a Notice of Assessment – Pre-Assessment Hearing Form to the filing party.
26. The filing party shall serve the Notice and the bill of costs on every party interested in the assessment at least seven days before the date fixed for the pre-assessment hearing. The filing party shall file proof of service with the court immediately afterwards.
27. At the pre-assessment hearing, the presiding officer will assist the parties in resolving their dispute through mediation.
28. If the dispute is settled at the pre-assessment hearing, the presiding officer will complete a written endorsement to reflect the terms of the settlement. The court office will then prepare a certificate of assessment, attaching the written endorsement, and provide a copy to each party as soon as possible afterwards.
29. If the dispute does not settle in the pre-assessment hearing, then the presiding officer shall:
    1. Ensure that all required filings have been made;
    2. Verify proof of service;
    3. Confirm the bill(s) of costs being assessed and the amount(s) of costs in dispute;
    4. Attempt to narrow the issues;
    5. Determine the amount of time required for the assessment hearing;
    6. Set a date for the assessment hearing; and
    7. Prepare a written endorsement dealing with subparagraphs a. through f., and file it with the court office immediately afterwards.
30. Within seven days of receiving the endorsement, the court shall prepare a Notice of Appointment for Assessment of Costs and mail it to each party.
31. If a party fails to attend the pre-assessment hearing, the party will not be entitled to notice of any further step in the proceeding or served with any document in respect of the matter. The presiding officer may schedule the assessment hearing without notice to the party and provide the court office with a written endorsement to that effect.

32. In Sudbury

    1. Effective October 02, 2025, all consent or confirmed unopposed motions addressing the dismissal timelines under Rule 48.14 of the Rules of Civil Procedure shall be brought by way of a Rule 37.12.1 motion in writing that will be heard as a basket motion before an associate judge. Consent timetables filed under this Rule will also be handled as a basket motion by an associate judge.
    2. Any contested motion for a status hearing will first be addressed on a short motions list. The associate judge will determine if the motion for a status hearing can be heard in writing; whether the motion can be heard as a one-hour motion on a regular motions list; or whether the motion will be heard as a long motion (i.e. longer than one hour).

33. Throughout the rest of the region

    1. Effective October 02, 2025, all consent or confirmed unopposed motions addressing the dismissal timelines under Rule 48.14 of the Rules of Civil Procedure shall be brought by way of a Rule 37.12.1 motion in writing that will be heard as a basket motion before a judge or an associate judge. Consent timetables filed under this Rule will also be handled as a basket motion by a judge or an associate judge.
    2. Any contested motion for a status hearing will first be addressed on a short motions list. The judge or associate judge will determine if the motion for a status hearing can be heard in writing; whether the motion can be heard as a one-hour motion on a regular motions list; or whether the motion will be heard as a long motion (i.e. longer than one hour).