Civil — Northwest Region
Regional direction only. This contains the Northwest Region's general provisions and its civil-specific rules. Province-wide civil rules are kept separately.
Effective date: June 30, 2025
This consolidated regional practice direction replaces all previous region-specific practice directions and Notices to the Profession for the Northwest region. Except as modified below, the Consolidated Provincial Practice Directions apply to proceedings in the Northwest region.
Counsel and parties are also advised to refer to the relevant parts of:
- the Criminal Proceedings Rules.
- the Rules of Civil Procedure.
- the Family Law Rules.
PART 1: PRELIMINARY MATTERS
A. Presumptive Modes of Appearance
- This region supports the Guidelines in the Provincial Practice Directions regarding matters that are presumptively in person and those presumptively virtual, however, some deviation from the Guidelines is necessary in the Northwest Region to maintain the historic means of accessing the Courts in this region.
- The SCJ in Northwest Region has court locations in Thunder Bay, Kenora and Fort Frances. To provide equal access to the SCJ, the Northwest Region has moved to a regional calendar. This means that rather than setting court dates on a limited basis in both Kenora and Fort Frances, counsel and parties may obtain the earliest available date for their event. The result, however, is that many proceedings, in particular family conferences, and certain other events that are presumptively to be heard in person in the Guidelines in the Provincial Practice Directions will be held presumptively virtually in this Region.
- Some in-person conferences will be offered on a limited basis in Thunder Bay and Kenora (centres where there are resident judges). The presumptive mode shall remain virtual. An in-person conference may be requested by contacting the Trial Coordinator at the respective e-mail addresses below, provided both parties agree. If the parties disagree, the presumptive mode shall apply unless there are compelling reasons for a request to be made for an in-person or hybrid conference. Those requests shall be made to the LAJ Family through the Trial Coordinator.
- Unfortunately, we are not able to offer in-person dates in Fort Frances as there is no resident judge. Fort Frances residents and counsel who wish to have an in-person conference may request an in-person date in either Thunder Bay or Kenora. Full access to virtual conference dates remains.
- Once an in-person conference is scheduled, it cannot be changed to virtual. Dates that are offered as virtual conferences cannot be changed to in-person. Parties should be clear with the trial co-ordinator whether they are requesting an in-person or virtual conference. Parties must confirm if they have the consent of the other party for an in-person proceeding.
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Email addresses for conference requests are:
Thunder Bay Trial Coordinator ThunderBay.SCJ@ontario.ca Kenora Trial Coordinator Kenora.SCJ@ontario.ca
B. Filing Court Documents
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Information regarding standard document naming protocols and the electronic filing of materials for Court and Court fee payments is contained in the Provincial Practice Directions: Documents MUST be electronically filed.PLEASE ENSURE STRICT COMPLIANCE WITH TIMELINES and COURT FILING DOCUMENT STANDARDS. Court documents which do not comply with these document standards, including the maximum length for such documents, will NOT be accepted (i) for filing; and (ii) shall not be uploaded to Case Center.
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It is expected that written materials and documents for criminal, family and civil matters will be filed with the court electronically. If, however, a party is unable to file materials and documents electronically, they may file same in person at the courthouse filing office, together with an explanation of why electronic filing is not feasible.
C. Uploading Materials to Case Center
- Directions are provided in the Consolidated Provincial Practice Directions and in the Superior Court of Justice's Guide to Requirements regarding uploading materials to Case Center. The Guide to Requirements can be found at the following link: Case Center in the Superior Court of Justice.
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Failure to comply with the requirements may result in the hearing not proceeding as scheduled and, where appropriate, judicial sanctions and/or terms may be imposed.
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In addition to the tips and processes for Case Center provided in the Consolidated Provincial Practice Direction, the tips set out below are of specific importance to the judges in the Northwest Region. Parties are asked to upload as separate numbered documents in the Case Center bundle (also applies to responding material): 1. Notice of Motion or Pretrial/Conference Brief; 2. Affidavit(s); 3. Every exhibit or other document being relied upon should be uploaded individually and properly described. In other words, as a document separate from the affidavit itself or the pretrial or conference brief (for example: as "Exhibit A – Consent dated xxx", "Expert Report of Dr. X"); 4. Financial Statements and Net Family Property Statements in Family proceedings should always be uploaded as separate items in motions and conference bundles; 5. Affidavit(s) of Service do not have to be uploaded to Case Center unless service is an issue; 6. Facta must have hyperlinks to authorities and hyperlinks to source documents i.e.) paragraph of affidavit or specific exhibit. 7. Cases in a compendium of authorities shall be hyperlinked in an Index; 8. If not filing a factum, do not upload a case brief as a PDF. Instead, provide a compendium of the cases and statutes, with an index that is hyperlinked to the source and to the specific paragraph number of the case; 9. Include the proposed Draft Order or Consent Order as a separate document (this is helpful for the judge to focus on the issues to be addressed and if uploaded separately, the draft may easily be downloaded by the judge and signed if approved);
PART 2: CIVIL PROCEEDINGS
A. Motions
Short motions (less than one hour)
- All motions on the Thursday Regional Motions lists shall be uploaded to Case Center no later than 4:00 p.m. of the Tuesday prior to the Regional Motions Day (e.g., for motions being heard on Thursday November 28, 2024, by 4:00 p.m. on Tuesday November 26, 2024).
- A motion that has not been uploaded to Case Center as directed, shall be automatically adjourned to the following Regional Motions Court unless a different date is provided. Late filing, unless it is an emergency matter, will not be considered a valid reason for receiving authorization to proceed.
- As soon as possible after the filing of your Notice of Motion and paying the requisite fee, Court Services Division staff will provide you with a Case Center invitation to upload your motion material to the Motion bundle. They endeavour to do this within 3 days, however, that is not always possible, so you should bear this in mind when placing a matter on the Regional Motions Court list.
- In an effort to ease the congestion of filings in advance of Regional Motions Court, it is strongly recommended that parties serve and file their motion materials well in advance of the preferred Regional Motions Court date in order to avoid the motion from being adjourned because they were not able to upload material to Case Center.
Long Motions
- Civil motions requiring more than one hour of hearing time are to be scheduled directly with the trial coordinator.
Confirmation Forms
- Confirmation forms must be filed with the court and be uploaded to Case Center for all motions.
- Confirmation forms for all civil motions must be filed and uploaded no later than five (5) business days prior to the event.
- A matter may be struck from the Regional Motions Court list or removed from the schedule if the confirmation form is not filed on time.
- Court staff require confirmation forms to determine whether a matter is proceeding, and the time required for the event. The court staff do not upload the confirmation form to Case Center, nor do they forward the filed confirmation form to the hearing judge. Confer with the other side means confer.
- Judges require the confirmation form to ascertain what issues are in dispute and which documents they should be reviewing. For example, if a motion is being placed on the Motions List as a consent motion, it is imperative for the judge to have this information in the confirmation form on the Case Center bundle for the motion, otherwise, the judge will spend unnecessary time reviewing the entire file to consider the issues presumed to be in dispute.
- When a special date has been provided for a long motion or other proceeding, the hearing date assigned may be adjourned or vacated if the confirmation form is not uploaded to Case Center.
B. Pre-trials and Early Resolution Conferences in Civil Proceedings
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Changes to the Rules of Civil Procedure require that:
- Prior to scheduling a pretrial, the parties must have received and served all their expert reports (Rule 53.03);
- Parties are to complete and file a Certificate of Readiness 30 days prior to a pretrial conference. The Certificate of Readiness relates to the calling of experts by a party and confirming that the expert reports have been obtained and served, and if not, why (Rule 50.03.1);
- Pretrial conferences will only be scheduled if the trial date is not more than 120 days and not less than 30 days after the pretrial conference, or on the first day of the sitting during which the trial is expected to be held (Rule 50.02 (2.1));
- A judge on their own initiative or at a party's request, at any time, may direct that a pretrial conference be held (Rule 50.02(3)); and,
- A judge may order costs to be immediately payable against a party where they determine a pretrial conference was unproductive for reasons relating to that party's conduct (Rule 50.12).
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Item number 3 above in the Northwest Region is the earliest available Running List.
- In consultation with members of the Civil Bar (both plaintiff's counsel and defence counsel), the Northwest Region offers early resolution conferences after a trial record has been served and filed, either on the consent of the parties or by court order, should a judge determine that such a conference would be beneficial in narrowing the issues or resolving the litigation. Before an early resolution conference date will be provided to counsel, they must submit to the RSJ or designate, a summary of the issues they wish to address and why an early resolution conference would be beneficial.
- In the Northwest Region, the early resolution conference shall proceed under Rule 50.02(3) of the Rules of Civil Procedure and the usual pretrial conference form shall be served and filed, with the additional information that the conference is proceeding as a pre-resolution conference.
- Pretrial and early resolution conference briefs shall not exceed 15 pages. Any additional documents that counsel wish the pretrial judge to review must be hyperlinked. They must also be filed and uploaded to Case Center. Even if hyperlinked, it is preferable that each additional document is uploaded to Case Center individually. This enables the judge and opposing parties to quickly locate the material.
- The Rules require that pretrial conference briefs are required to be filed 5 days in advance of the pretrial. This Rule also applies to early resolution conference briefs. Once a party has filed their pretrial conference brief, a Case Center invitation will be sent to counsel to enable upload your materials to the relevant Case Center bundle. At times there is a delay between filing the pretrial brief in the court and receiving the invitation to upload to Case Center.
- To minimize delays in uploading parties' material to Case Center, counsel and parties are encouraged to file their briefs in the court more than 5 days prior to the scheduled pretrial. This will assist court staff in processing parties' materials and providing the Case Center invitation so that materials may be uploaded to Case Center in sufficient time for the assigned judge to prepare.
C. Trial Dates
- If a date for a civil (jury or non-jury) trial was obtained prior to the pretrial conference, the date shall be confirmed at the pretrial. If a date for a civil (jury or non-jury) trial was not obtained prior to the pretrial conference, the date shall be obtained at the pretrial. In either case, the pretrial judge shall place or confirm the trial on the appropriate Running List and make directions with respect to further trial management conferences as required.
- All matters on a Running List shall be spoken to two months prior to the commencement of the Running List to determine trial readiness and, where possible, to confirm commencement date within that Running List.
- Additionally, there will be a Trial Confirmation Date the Wednesday prior to the commencement of the Running List to confirm all matters proceeding to trial. The Running List will be distributed to counsel prior to these dates. The annual Running Lists, Speak to Date, Trial Confirmation Date and Zoom connection details will be distributed by the Thunder Bay Trial Coordinator.
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The Trial Coordination emails are:
Thunder Bay – ThunderBay.SCJ@ontario.ca Kenora – Kenora.SCJ@ontario.ca Fort Frances – FortFrances.SCJ@ontario.ca