Other

Part 1: General Matters

B. Courts Digital Transformation: Ontario Courts Public Portal (for filing) & Case Center

1. The Courts Digital Transformation (CDT) initiative will launch its new digital justice solution for the Toronto region on October 14, 2025.
2. The Courts Digital Transformation (CDT) initiative is a digital justice solution that replaces existing non-integrated systems with an end to end solution that integrates the filing system, the case management system and Case Center. This digital solution will roll out in phases commencing with the Toronto Region, for all Family and Civil matters; including Bankruptcy, Commercial, contested Estates, the Small Claims Court, and Divisional Court.
3. Beginning on October 14, 2025, all electronic court filings for Toronto Family proceedings, Civil proceedings (including Bankruptcy, Commercial List and Contested Estates), Small Claims Court proceedings and Divisional Court proceedings and Enforcement must be submitted through the Ontario Courts Public Portal (OCPP) which replaces the Justice Services Online Portal.
4. OCPP is integrated with the new, internal case management platform. This internal platform, used by court staff to process filings, is now integrated with Case Center. This integration with Case Center will eliminate the need for parties and their representatives to upload already filed material into Case Center. Moving forward, new single upload of filed electronic documents for parties accepted for filing will be uploaded to Case Center by court staff for use before and during hearings.
5. All confirmation and scheduling forms are to be submitted through OCPP.
6. If an urgent hearing request is sought, the form must be submitted through OCPP and flagged as time sensitive, and parties must send an email to the appropriate trial coordination office alerting staff of the request. Select this option only if you are submitting documents for a hearing or deadline that is three or fewer business days away, including if you need to meet a timeline for a step in the proceeding established by legislation, court rules, court practice or a court order that is three business days or fewer away. This helps court staff identify and prioritize time-sensitive submissions. Documents submitted for a hearing or deadline that is four or more business days away are not considered time-sensitive.

Note:This option will be automatically selected if the filing has already been deemed time sensitive by the court.

7. Any document filed through the OCCP, which will be pushed to Case Center by court staff, shall not exceed 500 pages.
8. Parties must meet all filing deadlines set out in this practice direction to ensure that documents are available in Case Center in advance of the hearing. Parties should still review the hearing bundle in Case Center bundles 24 hours before the hearing to ensure that material that have been filed with the Court and are required for the hearing are present.
9. Some documents will continue to be uploaded into Case Center by the parties, such as compendiums and materials parties are proposing to be tendered as exhibits. Once a document has been uploaded into the appropriate section of the Case Center bundle for their appearance, the expectation is that document is before the Court. Parties must ensure they do not delete a document after they have uploaded it to Case Center. You can learn more about Case Center on the Court’s website here.
10. A new account will be required the first time OCPP is used. Please refer to section 1.2 of the OCCP User Guide guidance on how to create an account and other helpful information on how to navigate the OCCP which can be found here.
11. For questions or help with electronic filing using OCPP, including fee payment through the portal, counsel and parties can contact the Court Services Division’s Contact Centre for Online Services by telephone or email:

Ministry of Attorney General – Court Services Division Contact Centre:

• • CourtsPortal@ontario.ca
  • Tel: 647-438-0403
  • Toll-free: 1-800-980-4962
  • TTY: 416-368-4202
  • Toll-free TTY: 1-833-820-0714

Part 2: Other Matters

E. Divisional Court Matters

For Divisional Court proceedings, please refer to the Consolidated Practice Direction for Divisional Court Proceedings.

_sitting_as_Registrars_in_Bankruptcy">H. Matters Heard by Associate Judges sitting as Registrars in Bankruptcy

H.1 General Procedures

1. Associate Judges sitting as Registrars in Bankruptcy will hear all bankruptcy matters virtually, in writing, by teleconference or video conference. In exceptional cases, Associate Judges sitting as Registrars in Bankruptcy may exercise their discretion to determine whether a matter should be heard in-person, on a case by case basis.
2. The party shall submit to the Ontario Courts Public Portal a completed Toronto Bankruptcy Request Form setting out details about a matter they wish to have heard in writing, by teleconference or by videoconference. The party shall advise of the preferred manner, dates and times for the hearing of the matter as well as a time estimate for hearing. If the estimated time for the hearing exceeds one hour, the party will include a completed Special Appointment Request Form. The Bankruptcy Court office will schedule the matter subject to the availability of the court and, if the matter is proceeding by teleconference or videoconference, the Bankruptcy Court office will provide connection details.

For urgent matters, the party will indicate in the Ontario Courts Public Portal that the matter is time sensitive and also email the Bankruptcy Office at toronto.bankruptcy@ontario.ca to advise that an urgent filing was submitted to the portal and provide details of the filing.

H.2 Conduct of Matters In writing, by Teleconference or by Videoconference

3. The types of matters as enumerated in paragraph G.7 herein shall be heard in writing.
4. Bankrupts’ applications for discharge following compliance with prior discharge orders and bankrupts’ applications for discharge that are on consent or unopposed, including matters where opposition is withdrawn, shall be heard in writing and shall be scheduled to be heard in writing by the Bankruptcy Court office, excepting matters where there are alleged conduct issues or section 173 (c), (d), (e), more than two (j), (k) and (l) BIA facts, in which case such matters shall be heard by videoconference.
5. Trustees’ applications for discharge shall be heard in writing.
6. Taxations of Statements of Receipts and Disbursement (where a clear Letter of Comment has been received and is anticipated to be unopposed) and Taxation of legal bills will be heard in writing. If a party wishes a taxation to be heard in writing, the party shall submit to the Ontario Courts Public Portal a completed Toronto Bankruptcy Request Form and request that the taxation be scheduled for the next available date. The following documents should be included in the filings:
   1. Statement of Receipts and Disbursements (SRD) – each taxation submission should have (1) the record containing required documents for review, and (2) a separate PDF copy of the SRD, including Dividend Sheet, for signature;
   2. Comment letter;
   3. Trustee affidavit of fees, with dockets and any other relevant documentation (if there are extenuating circumstances or complexities concerning the administration of the estate, these matters should be addressed in the affidavit filed in support of the taxation);
   4. Inspector resolution approving the SRD (if not apparent from the SRD);
   5. Copies of taxed legal bills of costs;
   6. Statement of Affairs – one (1) copy only; and
   7. Estate general ledger or detailed trial balance. The following documents shall not be included in these filings at this time:
      • Duplicate copies of documents;
      • Scans of forms that are blank, incomplete, or not filled in, or blank pages after tabs;
      • Copies of documents, notices or reports in connection with the discharge of the bankrupt; and
      • Affidavits of service proving service of the initiating bankruptcy documents.
   8. All other motions may be heard by teleconference and videoconference at the request of the parties.
   9. All other bankrupts’ applications for discharge shall be heard by videoconference. Associate Judges sitting as Registrars in Bankruptcy may exercise their discretion to order bankrupts’ applications for discharge to be heard in person.
   10. The Bankruptcy Court has available teleconference and videoconference lines, some with recording capabilities. If required, Associate Judges sitting as Registrars in Bankruptcy may ask counsel to provide videoconference facilities.
   11. Associate Judges sitting as Registrars in Bankruptcy expect counsel to follow the three Cs of the Commercial List: cooperation, communication and use of common sense, particularly in terms of scheduling.

H.3 Materials for Hearing

7. For each individual matter, parties shall submit to the Ontario Courts Public Portal all relevant materials and documents necessary for the hearing. Caselaw and other source materials referenced in a factum should be hyperlinked. Where hyperlinks are provided, the parties need not file a Book of Authorities. Associate Judges sitting as Registrars in Bankruptcy will ask for further materials if necessary.
8. All materials and documents necessary for the hearing shall be filed using the standard document naming protocol set out in Part 1.B of this Practice Direction.

H.4 Affidavits

9. Parties are directed to O. Reg. 431/20, Administering Oath or Declaration Remotely, under the Commissioner for Taking Affidavits Act and the Law Society’s Virtual Commissioning resource. The Bankruptcy Court will accept unsworn affidavits prior to the hearing on the condition that a sworn affidavit is provided prior to the hearing or the affiant is available at the teleconference to swear the contents of the affidavit.

H.5 Orders

10. Finalized draft orders requiring signing shall be submitted to the Toronto Bankruptcy Court Office using the Ontario Courts Public Portal. The signed order will be electronically delivered to the party.

H.6 Issuing Bankruptcy Applications

11. For issuing bankruptcy applications, the party shall submit the request for issuance through the Ontario Courts Public Portal. A date for the hearing of the bankruptcy application to proceed in writing may be requested by submitting a completed Toronto Bankruptcy Request form through the Ontario Courts Public Portal.

For urgent matters, the party will indicate in the portal that the matter is time sensitive and also email the Bankruptcy Office at toronto.bankruptcy@ontario.ca to advise that an urgent filing was submitted to the portal and provide details of the filing.

12. Proof of service, which must be effected in accordance with the Bankruptcy and Insolvency Act, must be filed using the Ontario Courts Public Portal.
13. If the application is on consent or unopposed, Associate Judges sitting as Registrars in Bankruptcy will deal with the matter in writing. If the application is opposed, Associate Judges sitting as Registrars in Bankruptcy will adjourn the matter to a Commercial List judge for scheduling.

H.7 Matters to be Heard In Writing

14. The following matters shall be heard by the Associate Judges sitting as Registrars in Bankruptcy in writing:
    1. Motions to extend proposal periods where a Notice of Intention has been filed;
    2. Motions to approve Division I proposals, if unopposed;
    3. Motions for substituted service;
    4. Motions for leave to file an assignment in bankruptcy, brought by the trustee or administrator of a deceased;
    5. Motions pursuant to s. 38 of the BIA;
    6. Motions to re-appoint the trustee;
    7. Motions to amend the style of cause/name of the bankrupt/debtor;
    8. Motions to approve the sale of assets to related parties, pursuant to s. 30(4) of the BIA;
    9. Motions to revive consumer proposals;
    10. Motions seeking leave to file a completion or second consumer proposal; and
    11. Any other matter which Associate Judges sitting as Registrars in Bankruptcy in their discretion determine is appropriate.
15. If a party seeks to apply for a bankrupt’s discharge following compliance with prior court discharge orders or where the application is on consent or unopposed, excepting matters where there are alleged conduct issues or section 178 BIA facts, the party shall submit using the Ontario Courts Public Portal a completed Toronto Bankruptcy Request form. If the estimated time for the hearing exceeds one hour, the party will also submit a completed Special Appointment Request Form. Once a hearing date has been set, the party shall submit the materials to the court using the Ontario Courts Public Portal in advance of the hearing.

For urgent matters, the party will indicate in the portal that the matter is time sensitive and also email the Bankruptcy Office at toronto.bankruptcy@ontario.ca to advise that an urgent submission was made to the portal and provide details of the submission.

16. Motions in writing shall be heard on specified dates as established by Associate Judges sitting as Registrars in Bankruptcy, or as soon after that date as the matter can be heard.
17. Once a date for the hearing of an in writing motion has been assigned, the party shall serve the motion in accordance with the notice requirements in the Bankruptcy and Insolvency Act and the Rules of Civil Procedure. The moving party shall submit the materials to the court using the Ontario Courts Public Portal together with proof of service.

For urgent matters, the party will indicate in the portal that the matter is time sensitive and also email the Bankruptcy Office at toronto.bankruptcy@ontario.ca to advise that an urgent filing was submitted to the portal and provide details of the filing.

18. Orders that are granted will be electronically delivered to the party upon disposition. The order is effective from its date.

H.8 Matters Previously Filed

19. If a party has previously submitted or filed matters of the nature that will be heard as outlined in this Notice and the party has not received a disposition, the party must resubmit these matters by email, in accordance with the procedure outlined in this Notice. Where possible, the party is requested to identify that such matter was previously filed and the filing fee paid, as appropriate.

I. Class Action Matters

I.1 Initiating a Class Action

1. A proposed Class Action that has been issued and filed with the Toronto Region civil court, may be requested to be assigned to Class Action Case Management Judge, by sending an email to: Toronto.ClassAction@Ontario.ca. Once assigned, parties will receive a notification email from the case management judge’s judicial assistant.

I.2 Hearing of Motions

2. Subject to approval at a case management conference, precertification, certification, and post certification motions may be heard in-writing, by audio or video conference or in-person.
3. All motion materials must be filed in searchable PDF format through the Ontario Courts Public Portal.
4. The Civil Submissions Online confirmation email, along with the draft order as a Word document, shall be sent to the case management judge’s judicial assistant.

I.3 Case Management Conferences

5. The party requesting a case conference shall do so in writing by email to the case management judge’s judicial assistant. The email message should set out the available dates for the case conference and all the parties that will be attending.
6. The court will confirm the arrangements for the case management conference by return email.

I.4 Out-of-Town cases being case managed in Toronto Region

7. All out-of-town matters seeking to be case managed in the Toronto Region must obtain approval from the Team Lead, Class Actions, Toronto Region. A party may email this request to: : Toronto.ClassAction@Ontario.ca
8. Prior to attending any hearings held in the Toronto Region with the assigned case management judge, the parties shall submit their materials for the upcoming hearing through the Civil Submissions Online portal as a “NEW PROCEEDING”, to be assigned an out-of-town civil court file number.
9. Parties shall use the assigned Toronto Region out-of-town civil court file number for all scheduling and filing requests for the above-noted hearings in this section.

J. Procedures for Actions Governed by the Construction Act

1. The following procedures apply to actions governed by the Construction Act and motions brought pursuant to the provisions of the Construction Act, organized into the following subsections:

• Section 1: Construction lien matters properly before a judge
• Section 2: Construction lien matters properly before an associate judge

• • A: Booking procedures for appearance motions and other hearings before an associate judge
  • B: Motions properly brought in construction lien ex parte court
  • C: Special motion procedures/requirements:
    • Vacating liens by payment/posting security into court
    • Substituting/replacing lien security in court
    • Reduction or return of lien security in court
    • Lien expiry/discharge orders
    • Orders for trial following a judgment or order of reference
  • D: Material filing requirements for construction lien matters before associate judges

Section 1: Construction lien matters properly before a judge

2. The following construction lien matters are properly brought before judges in Toronto, for which the procedures outlined in Part D apply:
   1. Trials in actions governed by the Construction Act that have not been referred to an associate judge.
   2. Motions for a judgment of reference or an order directing a reference, which must be made to a judge: Construction Act, 58(1).
   3. Motions to transfer a lien action to Toronto from a region outside of Toronto, which must be brought to the Regional Senior Judge or his designate in compliance with Part 1, Section I, paragraphs 47-51 of the Consolidated Civil Provincial Practice Direction. Such motions must include evidence on other liens and the position of all lien claimants (whether or not they are named parties in the lien action being transferred), or else evidence that the liens of such other lien claimants have been satisfied, released, or discharged.
   4. Other urgent and non-urgent motions made to a judge for which an associate judge does not have jurisdiction under the Construction Act. Motions within the jurisdiction of an associate judge are expected to be brought before an associate judge. When requesting a motion before a judge or filing a motion in writing to a judge, counsel/parties are expected to explain why the motion must be made to a judge.

Section 2: Construction lien matters properly before an associate judge

3. The following construction lien matters are properly brought before a construction lien associate judge in Toronto:
   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 in construction lien ex parte court, including motions to vacate liens by payment into court.
   3. All motions and other hearings in construction lien actions for which a reference to an associate judge has been ordered.

A. Booking procedures for appearance and other hearings before an associate judge

4. This subsection applies to all motions and hearings proceeding in-person or remotely by either teleconference or videoconference before a construction lien associate judge, including:
   1. Motions and hearings for directions in construction lien actions that have not been referred to a specific construction lien associate judge;
   2. Motions and hearings in construction lien actions where a reference has been directed and a specific reference associate judge is seized.
5. Appearance hearings in non-Toronto lien actions or under non-Toronto court file numbers cannot be booked in Toronto Region absent specific judicial authorization to do so.
6. For all hearings where a specific construction lien associate judge is seized, including a motion or hearing within a reference, the booking party must identify the seized associate judge when requesting the hearing date and on any motion request form. It should also be indicated in the materials, preferably in the notice of motion for motions. Failure to do so may result in adjournment of the hearing by the court.
7. Motions: The following procedures apply to scheduling an appearance motion before a construction lien associate judge:
   1. Before requesting a motion date, the moving party must consult or attempt to consult with all affected responding parties. Requested dates for any appearance hearing that are mutually available for all affected parties must be clearly indicated. Parties are expected to make every effort to consent to a date for the appearance motion with the court.
   2. Short motions: Motions that require two hours or less are booked as follows:
      1. Available dates for short motions are listed in Calendly. For motions where a specific construction lien associate judge is seized, such as motions brought within an existing reference, the date(s) on which the associate judge is sitting should be confirmed directly with that associate judge’s Assistant Trial Coordinator or by email to Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca prior to reserving a date.
      2. Requested short motion hearing dates must be reserved through Calendly at https://calendly.com/toronto-region prior to submitting a motion request form. Dates reserved through Calendly are not guaranteed until confirmed by the court.
      3. Only one party is required to complete the Calendly reservation process. It is the responsibility of the requestor to forward all confirmation and scheduling emails to other parties in the action so that all parties are aware of the date of their appearance. If parties are unable to consent to a date for their short motion despite best efforts, then the requesting party must indicate that the date is not on consent when completing the Calendly questions and advise all other parties that they have requested a date through Calendly.
      4. To secure a motion booking, a Construction Lien Motion Request Form must be completed and submitted through Ontario Courts Public Portal, together with the reservation confirmation from Calendly. The booking request will thereafter be reviewed to verify that sufficient motion time remains available on the selected date. The motion will then be confirmed.
      5. A case conference with the construction lien associate judge hearing the motion may be required to set a timetable.
   3. Long motions: Motions that require more than two hours are booked as follows:
      1. Parties are required to complete a Construction Lien Motion Request Form and submit through Ontario Courts Public Portal. Proposed dates for the long motion should be included.
      2. A construction lien associate judge will be assigned to hear the motion. If a specific construction lien associate judge is seized, including motions brought within an existing reference, then that must be indicated on the motion request form.
      3. All long motions typically require a case conference with a construction lien associate judge to determine the length of time required for the motion, set a timetable for steps to the motion hearing, and fix a motion return date.
   4. Urgent and time-sensitive motions: Urgent or time-sensitive appearance motions are brought by following the same process outlined above, indicating urgency in the Construction Lien Motion Request Form and flagging as time sensitive in the Ontario Courts Public Portal. The requestor must also send an email to Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca indicating that an urgent request has been submitted to the portal.

For short motions, if a date cannot be obtained from Calendly that accommodates the urgency or time-sensitivity, then the Construction Lien Motion Request Form may be submitted with an explanation for why a date has not been reserved. A triage case conference with a construction lien associate judge may be required for urgent or time-sensitive appearance motions.

8. Trial management conferences: The following procedures apply to scheduling trial management conferences (hearings for trial directions) before a construction lien associate judge:
   1. Requests to schedule a trial management conference may be made directly to the assigned reference associate judge’s Assistant Trial Coordinator.
   2. If a judgment or order of reference has been obtained and no reference associate judge has been assigned, then a motion for an order to have a day, time and place fixed for the trial of the action must be brought: see paragraph 20 below. The associate judge assigned to hear the first trial management conference in the order for trial will become the reference associate judge once the reference has been constituted at the first hearing.
   3. Adjournments of booked trial management conferences may be requested through the assigned reference associate judge’s Assistant Trial Coordinator. Adjournments require approval of the reference associate judge and may be subject to directions.
9. Settlement conferences: Settlement conferences before a construction lien associate judge are booked in accordance with the following procedures and requirements:
   1. Settlement conferences may only be requested in actions that have been referred to a construction lien associate judge and are subject to the court’s availability.
   2. Settlement conferences are presumptively conducted remotely by videoconference unless the court otherwise directs. Requests for an in-person hearing should be made when requesting the settlement conference.
   3. Provided that all parties consent to proceeding with a settlement conference, a request to schedule a settlement conference may be made by emailing the reference associate judge’s Assistant Trial Coordinator with requested available timeframes. Requesting specific dates is discouraged. Priority is given to actions that are ready for trial scheduling or have been scheduled for trial.
   4. Directions for the settlement conference will be issued once a date has been approved by the reference associate judge and scheduled by the court. Adjournments of scheduled settlement conferences are rarely granted. All parties attending are expected to participate with the full intention and authority to settle the case.
10. Construction lien reference trials: Trials in construction lien actions referred to an associate judge are scheduled directly with the reference associate judge. Prior to the hearing for directions on conduct of the trial, counsel and parties must discuss if they prefer an in-person or remote trial by videoconference, and if they have any issues, concerns, or objections to a remote trial.

B. Motions properly brought in construction lien ex parte court

11. The following motions are properly brought before an associate judge in construction lien ex parte court:
    1. Motions that may be brought without notice as provided in the Construction Act;
    2. Motions on consent of all affected parties and persons, including other lien claimants affected by the order sought; and
    3. Motions brought on an unopposed basis, where all affected parties and persons (including other affected lien claimants) have confirmed that they do not oppose the relief sought prior to the motion being brought.
12. Ex parte, consent and unopposed construction lien motions may be booked and brought as an appearance motion as outlined in subsection A above or brought in writing. Parties are encouraged to bring non-urgent ex parte, consent and unopposed matters in writing.
13. No motion captured by paragraph 11 above that is brought in writing will be heard until motion materials have been filed with the court, in bookmarked and searchable .pdf format, as follows:
    1. If there is an existing court file in respect of the lien (such as an action to enforce the lien), then the motion must be brought in that action, regardless of whether a Toronto file number has previously been assigned for any prior motion. If there is no existing action, then the court file number should be left blank and the court will assign a general court file number for the motion.
    2. For motions brought in a Toronto court file number, or motions where there is no existing action, all motion materials are to be filed through the Ontario Courts Public Portal
    3. For motions in non-Toronto actions where leave is sought for the motion to be heard in Toronto, motion materials are to be filed only by email to AssociateJudges.ConstructionLienMatters@ontario.ca. The subject and body of the email must identify that the motion is brought in a non-Toronto action. The motion materials and any endorsement must be filed at the courthouse where the action was commenced after disposition of the motion by a Toronto associate judge.
    4. All requests for urgent or time-sensitive motions must be made by completing a Construction Lien Motion Request Form and submitting it to the Ontario Courts Public Portal and flagging in the portal that it is time sensitive. The request form will include an explanation of the nature of the urgency or time-sensitivity, including any pending date(s), failing which the request may be rejected. In addition, an email must be sent to AssociateJudges.ConstructionLienMatters@ontario.ca advising that an urgent request has been submitted to the portal.
    5. Only motions in non-Toronto actions brought under subparagraph c are to be submitted by email. All other motions are to be submitted only through the Ontario Courts Public Portal
    6. If the associate judge hearing a motion brought in writing determines that an oral hearing is required, then the motion may be adjourned to an oral hearing or the construction lien associate judges’ office may contact the moving party to arrange a hearing date/time.
14. For orders granted in a Toronto court file number that require issuing and entering on an urgent basis, they may be brought in person to the Civil Intake office or submitted to the Ontario Courts Public Portal and marked as “time sensitive”. An email must also be sent to AssociateJudges.ConstructionLienMatters@ontario.ca advising that an urgent request has been submitted to the portal with “Urgent” in the subject line. Orders granted in non-Toronto actions, where leave to have the motion heard in Toronto has been granted, must be issued and entered at the courthouse where the action was commenced.

C. Special motion procedures/requirements

15. The additional procedures and requirements outlined in this subsection apply for the specific motions as noted.
16. Vacating liens by payment into court: The following procedures and requirements apply to motions brought in accordance with s. 44 of the Construction Act for an order vacating a lien upon the payment/posting of security into court:
    1. Motion material requirements: In addition to evidence supporting the vacating relief sought, all motion materials must also include the following:
       1. a clear copy of the security to be posted;
       2. a completed fiat in the usual form (sample fiat);
       3. a draft order in the current standard form for Toronto Region (sample order), submitted in both .pdf and Word formats; and
       4. separate copies of both the security and fiat, whether or not included in the motion record.
    2. Security requirements: A high quality colour scan of the original security is required, with the following additional requirements for lien bond and letter of credit security:
       1. For lien bond or letters of credit, all referenced schedules must be included with visible signatures, identification of authorized signing officers, and any corporate seals.
       2. For lien bond security, there must be a visible corporate seal for the surety and, if the principal is a corporation, a visible corporate seal of the corporate principal is preferred, but if there is no seal, the person signing for the principal must print under the signature their name, their title, and the statement, “I have authority to bind the corporation.”
       3. For lien bonds that have been electronically issued, signed, and sealed, the moving party must include the original electronic form of e-bond for review and verification. Also, the moving party must confirm with the Accountant of the Superior Court of Justice by email to ascj-info@ontario.ca that the proposed form of e-bond will be accepted for filing and include that confirmation in the motion materials.
    3. All vacating motions should be brought in any existing court file in respect of the lien (such as an action to enforce the lien). If there is an existing court file, then the vacating motion must be brought in that action. If there is no existing court file, then the court file number should be left blank and the court will assign a general court file number for the purpose of the vacating motion.
    4. Given the time-sensitivity of vacating motions, parties are encouraged to submit all vacating motions as urgent or time-sensitive motions.
    5. Once the associate judge hearing the motion has reviewed the materials and approved the security, the associate judge will sign the fiat and, in the case of a lien bond or letter of credit, endorse the security. Certified cheques and bank drafts are not endorsed. The associate judge’s endorsement, signed fiat, signed order, and, if applicable, endorsed lien bond or letter of credit will be emailed to the moving party.
    6. Unless the Accountant otherwise advises, parties should be entering orders before submitting security to or attending the Accountant’s office, as follows:
       1. For an order granted in a Toronto court file number, the order may be submitted for issuing and entering through the Ontario Courts Public Portal or in person to the Civil Intake office. For orders requiring issuing and entering on an urgent basis, they may be brought in person to the Civil Intake office or filed through the Ontario Courts Public Portal and marked as “time sensitive”. The party must also send an email to Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca to advise that an urgent request for issuing and entering an order has been submitted through the portal, with “Urgent” in the subject line.
       2. For an order granted with a court file number in a region outside of Toronto, and leave for the motion to be heard in Toronto has been granted, the order must be issued and entered at the courthouse where the lien action was commenced.
    7. The issued and entered order, signed fiat, original security, and, if applicable, a copy of the endorsed lien bond or letter of credit are then taken or sent to the Accountant, who will post the original security (and, if applicable, the approved copy of the security), and will issue a receipt. For non-digitally signed vacating orders, a notarial certificate from the lawyer verifying that the order sent to the Accountant is a true copy of what the court issued may be required.
    8. Once the security has been posted, the vacating order must be served with Accountant’s receipt, and may be registered on title where the lien attaches to premises.

17. Substituting/replacing lien security in court: The same motion material and security requirements for a motion to vacate a lien in paragraph 16 above apply to motions to substitute or replace security. The draft order should reflect a transfer of the lien charge from the existing security to the new security. In addition, a copy of the existing security, the vacating order, and the Accountant’s receipt from posting the security must be included in the motion materials.
18. Reduction or return of security: Motions to reduce or pay out security previously posted to vacate a lien must include the position of all lien claimants who have an interest in the security pursuant to s. 44(9) of the Construction Act or evidence that the liens of such other lien claimants have been satisfied, released, discharged, or vacated with sufficient separate security.
19. Lien expiry/discharge orders:
    1. For motions dealing with liens that continue to attach or previously attached to premises and have been vacated, a current parcel abstract for the premises with deleted instruments must be submitted.
    2. For motions dealing with liens that do not attach to a premises under s. 16(3) of the Construction Act, evidence of a request to and response from the owner regarding other persons having a preserved or perfected lien is required for a motion under s. 47 and may be required for other motions.
20. Orders for trial: The following procedures apply to obtaining an order to have a day, time and place fixed for the trial of the action by way of first trial management conference (hearing for trial directions):
    1. Motions for a judgment of reference or order directing a reference cannot be brought to an associate judge. These motions must be made to a judge: s. 58(1) of the Construction Act. A reference order must be obtained before obtaining a date for a first trial management conference and submitting a motion for an order for trial.
    2. First trial management conference dates are obtained through https://calendly.com/toronto-region. Prior to reserving a date, parties must canvass availability for the hearing date with all affected persons/parties, including other lien claimants on whom notice of trial is required to be served under the Construction Act. Failure to pre-select a date may result in the motion being rejected.
    3. Motions for an order to have a day, time and place fixed for the trial of the action (following a judgment of reference or order directing a reference) must include all pleadings, the current status of the action, the judgment/order of reference, and a copy of the reservation confirmation email generated by Calendly.
    4. Placeholder reservations in Calendly are not permitted. A date should only be reserved when the motion is ready to be filed. If a motion has not been filed with the court within ten (10) days of completing the first trial management conference reservation process, then the reservation may be cancelled by the court.

D. Material filing requirements for construction lien matters before associate judges

21. Materials for Motions: In addition to any other document organization requirements that the court may impose, all motion materials are to be filed through the Ontario Courts Public Portal. Civil Intake should be contacted in the event of issues with filing through the portal. If the portal cannot be used, then materials may be submitted for filing by email sent to Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca, with an explanation for why the materials have not been or cannot be filed through the portal.
22. Materials for Other Hearings: Materials for non-motion hearings, including all trial management conferences, should be submitted in accordance with any directions provided by the associate judge hearing the matter or else by email sent directly to the associate judge’s Assistant Trial Coordinator. Counsel/parties are expected to comply with any further directions on material filing that may be provided by an Assistant Trial Coordinator.
23. Filing Format: All documents should be submitted in searchable .pdf format. All exhibits and tabs in records or briefs must be bookmarked, or at least hyperlinked in the index. Failure to do so may result in the materials being rejected or, for motions, the motion being dismissed without prejudice to re-filing with a properly bookmarked/hyperlinked record. All affidavits, facta, and draft orders must be submitted in Word format.
24. Email Filing: For all permitted email filings, the email must indicate the court file number, short title of proceedings, party filing the materials, the hearing-type (g., opposed motion), and the assigned or seized associate judge (if known).
25. Participant Sheets: For all hearings, counsel/parties must file a participant sheet outlining the names and contact information, including email addresses, for all anticipated participants.
26. Case Center: Parties are reminded of the requirements for use of Case Center as outlined under Rule 4.05.3 and in the Consolidated Provincial Practice Direction for Civil Proceedings. Leave is required to refer to any document uploaded to Case Center that has not been confirmed as filed with the court, including documents submitted for filing through the Ontario Courts Public Portal that have not yet been accepted by the Registrar.

Justice Stephen E. Firestone

Regional Senior Judge

Ontario Superior Court of Justice, Toronto Region