Civil — Toronto Region

This section includes specific direction pertaining to all Civil matters in Toronto. Except for specific filing directions related to Ontario Courts Public Portal, it should be read in conjunction with the Consolidated Civil Provincial Practice Direction, which can be found here: Consolidated Civil Provincial Practice Direction.

1. Although services continue to be available at the court counter, counsel and parties are expected to file and/or request issuance of their civil documents electronically, and pay any associated court fees, by using the Ontario Court’s Public Portal. Documents should be submitted electronically for filing and/or issuance in accordance with the Rules of Civil Procedure.
2. Use the Court’s Standard Document Naming Protocol when submitting documents to the court in electronic format.
3. Once accepted by the court registrar, a document will be considered to have been issued or filed on the date indicated by the registrar in the confirmation sent by the registrar.
4. Filings must comply with any restrictions placed on the length of material that can be submitted in connection with each event, such as limits on the number of pages for an affidavit or conference.
5. Filed materials should include any prior orders or endorsements that were issued and that are relevant to the request(s) being made.

6. Filing in person at the court office or by email (using the applicable email addresses indicated in this practice direction) is available where parties:

   1. have documents that are sealed or are in support of a sealing motion or,
   2. are unable to submit documents electronically due to an accessibility or technology limitation. You can contact the Accessibility Coordinator at the courthouse if you require accessibility services.

7. Unless the court directs otherwise, where counsel and parties deliver materials by email, they must:

   1. retain any documents that were originally signed, certified or commissioned in paper format until the day on which the case is finally disposed of or, if no notice of appeal is served in the case, the time for serving the notice has expired; and
   2. promptly make the original document available for inspection and copying on the request of the court, the registrar or any party to the case.

8. For questions about Ontario Court’s Public Portal parties can contact:

   Ministry of Attorney General – Court Services Division Contact Centre:

   - **[CourtsPortal@ontario.ca](mailto: CourtsPortal@ontario.ca)**
   - **[Tel: 647-438-0403](tel:+16474380403)**
   - **[Toll-free: 1-800-980-4962](tel:+18009804962)**
   - **[TTY: 416-368-4202](tel:+14163684202)**
   - **[Toll-free TTY: 1-833-820-0714](tel:+18338200714)**
   

9. When documents are submitted to the court in electronic format, the document name must be saved as follows:

   • Document type (including the form number in family cases);
   • Type of party submitting the document;
   • Name of the party submitting the document (including initials if the name is not unique to the case); and
   • Date on which the document was created or signed, in the format DD-MMM-YYYY (e.g. 12- JAN-2021),

   For example, documents should be saved as follows:

   • Expert Report – Defendant – Loblaws – 13-MAR-2021
   • Financial Statement Form 1 – Respondent – A. Wong – 21-NOV-2021
   • 11b Application – Defence – Nathanson – 12-JAN-2021

10. Document names shall not include firm-specific naming conventions, abbreviations, form numbers or file numbers.

11. Court fees are prescribed by regulation and are generally payable at the time a document with an associated fee is submitted to the court.
12. Where a document is submitted through Ontario Court’s Public Portal payment is made through the portal.
13. Where a document is submitted in person, payment is made in person.
14. Where a document is submitted by email or mail (where permitted), payment can be made over the phone through a secure credit card transaction or by mail using a cheque, and must be processed before the document will be accepted for filing and/or issuance. Court office phone numbers and mailing addresses can be found on the Ministry of the Attorney General’s website.
15. Parties who cannot afford to pay court fees may request a fee waiver Information about requesting a fee waiver can be found in the Ministry of the Attorney General’s Court Fee Waiver Guide and Forms. Fee waiver certificates apply to fees not yet paid.
16. Cheque payments must be made out to the Minister of Finance and, if mailed or couriered to the court, must be accompanied by a letter that indicates the court file number and title of proceeding, identifies the document that was filed by email, date of the email filing, party who filed the document by email and the name of the representative of the party (if any).

17. The moving party shall provide the Case Center invitation and the Zoom link for the hearing to all responding parties and known stakeholders (as is the case in Commercial matters) as soon as they become available.
18. Rule 57.01(6) requires that every party who intends to seek costs of a proceeding must serve and bring to the hearing, a costs outline (Form 57B) not exceeding three pages in length. Parties seeking costs of a motion shall serve their costs outlines on all other parties, and file them using the Ontario Courts Public Portal.
19. Factums and draft Orders submitted through the Ontario Courts’ Public Portal should also be submitted in Word format.
20. Compendiums shall be filed and uploaded to Case Center in accordance with Rule 4.05.3 and section 28 of the Consolidated Civil Provincial Practice Direction.
21. No adjournment for any motion before a judge or associate judge will be granted within 2 days of the scheduled hearing date, except in extenuating and exceptional circumstances.

The following civil matters are being heard before judges in Toronto:

22. Trials: To set a date for trial, parties must appear before “To Be Spoken To Court” (if the trial is anticipated to require 10 or fewer days), or Long Trial Scheduling Court (if the trial is anticipated to be over 10 days) (collectively referred to as Trial Scheduling Court). To Be Spoken To Court sits every Monday at 9:00 a.m. by Zoom and Long Trial Scheduling Court sits every Wednesday at 9:00 a.m. by Zoom. An appearance for either Trial Scheduling court should be requested through https://calendly.com/toronto-region. Parties are expected to make every effort to consent to a date for their appearance with the court. Only one party is required to complete the Calendly scheduling 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. Parties may only request an appearance at either scheduling court provided a trial record has been filed for their action. If parties are unable to consent to a date for their appearance at scheduling court despite best efforts, 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 selected a date through Calendly.
23. Trial Timetable: The parties shall confer and provide a proposed trial timetable before Trial Scheduling Court which timetable is to be finalized and approved at Trial Scheduling Court. The approved timetable shall not be varied without court order.
24. Pre-Trial Conferences as discussed in D.3 below.
25. All motions and applications to a judge made without notice, on consent of all parties, and that are confirmed as unopposed, will be heard in writing. See paragraph D.1.9 below for motions and applications for approval of settlements for parties under disability under Rule 7. Motions and applications made without notice, on consent, or on a confirmed unopposed basis may be filed in searchable PDF format through the Ontario Courts Public Portal.
26. Case Conferences: To schedule a case conference, parties are expected to make every effort to consent to a date for their appearance before the court. All case conferences must be scheduled through Calendly at: https://calendly.com/toronto-region. Only one party is required to complete the Calendly process. Upon selecting the preferred date and following Calendly’s prompts, the requestor will receive an email confirming the date of the case conference and outlining next steps to secure their date. It is the responsibility of the requestor to forward all emails related to the case conference to other parties in the action so that all parties are aware of the date of their case conference. If parties are unable to consent to a date for their case conference despite best efforts, 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 selected a date through Calendly. To obtain a date a completed Case Conference Request form is required for the scheduling of all case conferences. The completed Case Conference Request form under Rule 50.13(1) must be submitted to the Ontario Courts Public Portal. Note that Rule 50 (including Rule 50.13) does not apply to actions governed by the Construction Act: O. Reg. 302/18, s. 10(9).
27. All opposed short motions and short applications (requires two hours or less for all parties to argue) to a judge may be subject to review in writing before being scheduled. Parties wishing to bring a short motion or a short application to a judge must submit a Short Motion or Application Request Form using the Ontario Courts Public Portal. The moving party must consult or attempt to consult with all affected responding parties before submitting the request form. The judge reviewing the Short Motion or Application Request Form may determine the method of hearing, issue directions for the disposition of the motion or convene a case conference for that purpose.
28. The Civil Motion Confirmation Form must be submitted to the Ontario Courts Public Portal (OCPP), and emailed to all parties, by 2:00pm 10 business days prior to the hearing. In the case of an abandoned motion where the responding party is seeking costs, the confirmation form must be submitted to the OCPP and emailed to all parties by 10:00am four business days prior to the hearing.
29. All opposed short motions and short applications, with the exception of summary judgment motions, appeals from Associate Judges and appeals from the Consent and Capacity Board, must if directed, proceed to a case conference before the motion or application is scheduled for an oral hearing. At the case conference, the judge may identify the issues that are contested and explore methods to resolve the contested issues. If the contested issues cannot be resolved and if the case conference judge is satisfied that an oral hearing is required, the judge may schedule a hearing date for the motion or application, and establish a timetable. At the case conference, the judge or associate judge may, if notice has been given and it is appropriate to do so, make a procedural order, convene a pretrial conference, give directions; and in the case of a judge, make an order for interlocutory relief or convene a hearing.

30. All summary judgment motions, appeals from the Consent and Capacity Board, long motions, long applications, and urgent matters must be scheduled through the Civil Practice Court (“CPC”). CPC serves the following purposes:

    1. To curtail the motions culture in Toronto and to ensure that motions and applications that are ready to proceed can be heard on a timely basis.
    2. To permit the CPC judge to identify cases, at any stage, which require a degree of case management.
    3. To assist in the orderly hearing of long motions, long applications, and any summary judgment motion. Parties will be encouraged to submit agreed upon timetables, and where necessary, case conferences will be scheduled in advance. The CPC judge will consider the option of directing long motions to the trial list.

    4. To create a judicial mechanism whereby the CPC judge can assign those cases in need of the court’s intervention before other available judges.

       CPC sits every Tuesday and Wednesday at 9:30 a.m. by Zoom. Sitting days may be increased as volume requires. Gowns are not required. To schedule an appearance at CPC, parties are expected to make every effort to consent to a date for their appearance with the court. Before appearing in CPC, parties must seek to establish an agreed timetable for the completion of all steps required prior to the hearing of the application or motion and to bring a copy of the timetable to CPC for approval by the judge. All CPC appearances must be scheduled through Calendly at: https://calendly.com/toronto-region. Only one party is required to complete the Calendly scheduling process. Upon selecting the preferred date and following Calendly’s prompts, the requestor will receive an email confirming the date and outlining next steps to secure their appearance at CPC. It is the responsibility of the requestor to forward all emails related to the appearance to other parties in the action so that all parties are aware of the date of their appearance at CPC. If parties are unable to consent to a date for their appearance at CPC despite best efforts, 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 selected a date through Calendly. To obtain a date a completed Requisition to Attend Civil Practice Court form is required for the scheduling of all CPC appearances. The completed requestion must be submitted to the Ontario Courts Public Portal. The judge presiding over CPC will incorporate the timetable into an endorsement. A hearing date will be provided at a second attendance at CPC only once all other steps preceding the hearing, including exchange of factums, have been completed.

31. The moving party or applicant must confirm the status of their long motion or long application by emailing LongMotionsStatus.Judge@ontario.ca, copying all parties, 30 calendar days before the hearing date. The Civil Motion Confirmation Form must be emailed to all parties, and submitted to the Ontario Courts Public Portal, together with a list of the names, telephone numbers and email addresses of counsel for all parties and non-parties participating in the motion and for all others who are representing themselves, by 2:00pm 10 business days prior to the hearing. In addition, in the normal course, the court will contact the parties one week before the hearing of the long motion, long application or summary judgment motion before a judge to inquire into its status, its readiness for hearing and whether oral evidence may be required. If the parties advise or the court determines that the motion is not ready for hearing, the parties may receive further directions from the court regarding the scheduling of the motion. In addition, any hearing, oral or in writing, other than a case conference or a pretrial conference, is to be confirmed before the hearing date in the manner provided by the Rules. Although Rules 37.10.1(1) and 38.09.1(1) contemplate motion confirmation as late as five days before the hearing, in Toronto, 10 business days is required to be sure the matter can be assigned and ready for hearing.

32. Urgent Hearing Requests: If an urgent request to schedule a matter cannot wait until the next CPC, the party must request an attendance before a judge by submitting an Urgent Motion Request form to the Ontario Courts Public Portal and flagging the filing as time sensitive. In addition, the party must send an email to Civilurgentmatters-SCJ-Toronto@ontario.ca advising that an urgent request for an attendance before a judge was submitted to the portal.

33. Rule 7 Applications, Rule 7 Motions, and Other Applications and Motions in Writing that are Proceeding on Consent of all Parties may be brought as follows:

    1. Electronic copies of Rule 7 applications, Rule 7 motions, and other applications and motions in writing that are proceeding on consent of all parties must be filed in searchable PDF format through the Ontario Courts Public Portal.
    2. Where a sealing or redaction order is requested, the redacted materials are to be filed through the Ontario Courts Public Portal, and unredacted materials must be emailed to the trial coordinator’s office at LongMotionsStatus.Judge@ontario.ca, clearly indicating that a sealing or redaction order is being requested. Unredacted material that is the subject of a sealing or redaction order should not be uploaded to Case Center.
    3. Counsel must ensure that all material required for Court approval in accordance with r. 7.08(4) is included in the motion record.
    4. An approved form of draft judgment shall be prepared in Word format and uploaded in a separate document to Case Center in accordance with r. 4.05.3.
    5. A motion under Rule 7.08 must be brought in accordance with the Best Practice’s Guidelines and Checklist for Rule 7.08 matters.

34. Elimination of “Placeholder” Motions. Any date requisitioned or scheduled for a short motion, long motion or application before a judge will be vacated if the Notice of Motion is not filed with payment of the motion fee or the Application is not issued within 10 business days after the motion date is requisitioned.

35. Motions to transfer a Civil Proceeding. Counsel and parties are advised to refer to Part 1 of the Consolidated Provincial Practice Direction for Civil Proceedings which prescribes specific requirements for motions to transfer a civil proceeding.
36. Requests for Assignment to Case Management. Under rule 77.01(2)1, parties are required to assume the greater share of responsibility for managing their own actions. However, “light touch” case management under Rule 77 is available on an “as needed/as requested” basis in accordance with the provisions of the rule. Consent, unopposed and opposed requests for assignment to case management may be made to the Team Leader Toronto Associate Judge, or the Regional Senior Judge, or designate, by completing a Request for Case Management form and submitting it to the Ontario Courts Public Portal and emailing a copy to scj-rsjoffice@ontario.ca. Consent by itself is insufficient and parties must explain why case management is necessary having regard to the circumstances and the criteria set out in rule 77.05(4). Case management will not be assigned to actions that fail to meet the prescribed criteria. If the request is granted, the Team Leader Toronto Associate Judges or Regional Senior Judge, or designate, will assign an associate judge or judge to case manage the action. Requests under rules 37.15 or 77.06 for the appointment of a judge to hear all motions or steps in a proceeding shall be made in writing to the Regional Senior Judge or designate. A judge normally will not be assigned under rules 37.15 or 77.06 unless there is a likelihood of a significant number of motions or other steps in the proceeding that are within the exclusive jurisdiction of a judge.

37. Mandatory Mediation. All actions commenced in or transferred to the Toronto Region are subject to mandatory mediation under rule 24.1 except those actions excluded in rules 24.1.04(2) and (2.1). A mediation session must take place within 180 days after the first defence has been filed, unless a consent under rule 24.1.09(3) has been filed or the court orders otherwise. Court staff will not accept for filing a trial record (ordinary action) or a notice of readiness for pre-trial conference (Simplified Procedure action) unless the party setting the action down for trial files a Certificate that:

    • Form 24.1A (Notice of Name of Mediator and Date of Session) has been filed with the mediation coordinator and the mediation session has taken place;
    • the report by mediator (indicating that the mediation has been concluded) has been filed with the mediation coordinator;
    • an order has been obtained from a judge or associate judge exempting the action from mediation; or,
    • an order has been obtained from a judge or associate judge extending the deadline for mediation until after the action is set down for trial.

    These requirements will apply even where the parties have agreed to postpone a mediation session to a date more than 180 days after the first defence has been filed as permitted by rule 24.1. A motion for an order exempting the action from mediation should be made to any associate judge (unless the action is being case managed by a judge or a specific associate judge). The motion should be returnable in motions court or by case conference if the action is case managed. Motions in writing on consent will be considered if sufficient reasons are given. In keeping with the requirement for mandatory mediation and Rule 1.05, a judge may, at any stage in the proceeding, order that the parties not take any further steps in the proceeding, without leave of a judge, until a mandatory mediation has taken place.

38. Factums on motions and applications to Judges in Toronto shall be limited to 20 pages unless leave is obtained for a longer factum in Civil Practice Court.

The following civil matters are being heard before associate judges in Toronto:

39. Pre-Trial Conferences as discussed in D.4 below.
40. Motions in writing to an associate judge shall be made for motions brought without notice, on consent of all parties or that are confirmed as unopposed by all responding parties, proposed parties and/or non-parties as applicable. The moving parties shall include a separate document listing the parties, their counsel and their respective positions on the motion. Such motions may be filed in searchable PDF format using the Ontario Courts Public Portal.

41. Short motions (requires two hours or less for all parties to argue):

    1. Short motions that are not expected to be opposed and that do not fall within the requirements for in-writing motions and which will require no more than a 15-minute hearing may be scheduled in an express court. This time limit will be strictly enforced.

    2. Opposed short motions to an associate judge (2 hours or less) shall be booked through Calendly at https://calendly.com/toronto-region. Parties are expected to make every effort to consent to a date for their appearance with the court. All short motions before an associate judge must be scheduled through Calendly at: https://calendly.com/toronto-region. Only one party is required to complete the Calendly scheduling process. Upon selecting the preferred date and following Calendly’s prompts, the requestor will receive an email confirming the date and outlining next steps to secure their motion date. It is the responsibility of the requestor to forward all emails related to their appearance to other parties in the action so that all parties are aware of the date of their short motion. If parties are unable to consent to a date for their short motion despite best efforts, 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 selected a date through Calendly. To secure the date a completed Short Motion or Application Request Form must be submitted to the Ontario Courts Public Portal.

       In the case of urgent short motions, the party must send an email to JUS.G.MAG.CSD.Civilmotionsscheduling@ontario.ca advising that an urgent request was submitted to the portal.

    3. The moving party must consult or attempt to consult with all affected responding parties before submitting the request form. One proposed method of hearing (i.e., in person, or remote) must be selected.

    4. The Civil Motion Confirmation Form is to be submitted to the Ontario Courts Public Portal five (5) days prior to the hearing, excluding weekends and holidays. In the case of an abandoned motion where the responding party is seeking costs, the confirmation form must be submitted by 10:00 a.m. using the Ontario Courts Public Portal four (4) clear days prior to the hearing.
    5. For lawyer removal motions to an associate judge:
    6. Motions by a lawyer to remove themselves from the record shall be scheduled as opposed short motions, to proceed by videoconference. Parties are expected to make every effort to consent to a date for their appearance with the court. All lawyer removal motions must be scheduled through Calendly at: https://calendly.com/toronto-region. Only one party is required to complete the Calendly scheduling process. Upon selecting the preferred date and following Calendly’s prompts, the requestor will receive an email confirming the date and outlining next steps to secure their motion date. It is the responsibility of the requestor to forward all emails related to their appearance to other parties in the action so that all parties are aware of the date of their solicitor removal motion. If parties are unable to consent to a date for their motion despite best efforts, 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 selected a date through Calendly. When the lawyer requests a date for a removal motion, the Civil Scheduling Unit will provide a date and the Zoom coordinates for accessing the virtual courtroom both by videoconference and by telephone. The moving lawyer shall include the Zoom coordinates provided by the court in the notice of motion served on the client and opposing parties.
    7. Unredacted motion records as provided in Rule 15.04(1.3) of the Rules of Civil Procedure shall not be filed with other motion materials using the Ontario Courts Public Portal. Unredacted motion records should be provided to the presiding associate judge for review at the beginning of the hearing of the motion as an attachment to an email sent to the registrar or in such other manner as the presiding associate judge may direct.

42. Long Motions (requires more than two hours for all parties to argue):

    1. Long motions before an associate judge may be scheduled by emailing the Long Motion Request Form to associatejudges.longmotions@ontario.ca. Procedures for filing materials and hearing the long motion will be determined by the assigned associate judge at a case conference. If the action is case managed, a request for a long motion may be sent directly to the Assistant Trial Coordinator for the associate judge who is managing the action.

43. Rule 48.14 motions:

    (i) 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 motion in writing before an Associate Judge.

    (ii) Contested motions for a status hearing are to be scheduled as long motions before an Associate Judge as set out at #42 above.

44. Elimination of “Placeholder” Motions. Any date requisitioned or scheduled for a short motion before an associate judge will be vacated if the Notice of Motion is not filed with payment of the motion fee within 10 business days after the motion date is requisitioned.

45. Motions to be Heard by Associate Judges. An associate judge has jurisdiction to hear any motion in a civil proceeding except those specified in rule 37.02(2). Unless the relief requested in the motion is within the exclusive jurisdiction of a judge, a motion returnable by attendance or in writing must be made to “the Court” and heard by an associate judge.
46. Case Conferences: A completed Case Conference Request form requesting a case conferences before an associate judge under Rule 50.13(1)may be emailed to TorontoCaseConferenceAppointments@Ontario.ca. Note that Rule 50 (including Rule 50.13) does not apply to actions governed by the Construction Act: O. Reg. 302/18, s. 10(9).
47. Construction Lien Motions & References before an associate judge: See Section J.
48. Reference Proceedings: Counsel and parties should make their requests for a civil reference by emailing the Requisition Form together with a copy of the entered judgment to associatejudges.longmotions@ontario.ca. An associate judge will be assigned and that associate judge’s assistant trial coordinator will arrange a case conference to schedule the motion for directions and the reference hearing.

49. Urgent Hearing Requests: Requests for an urgent hearing before an associate judge may continue to be sent to Civilurgentmatters-SCJ-Toronto@ontario.ca.

    The request must be accompanied by the Urgent Motion Request form.

50. Simplified Procedure Discovery Motions. Motions concerning issues arising from examinations for discovery in simplified Procedure actions will be scheduled for a maximum of 60 minutes in total. All parties are expected to complete oral argument of the motion within the time scheduled, subject to leave from the presiding associate judge in exceptional cases. Parties are encouraged to use rule 34.12 and answer questions that are objected to.

51. Motions before an associate judge from the Class Proceedings, Commercial and Estate Lists: If the motion is under the Class Proceedings Act,1992, or a proceeding on the Commercial List or Estates List, a written direction will be required from a judge on the respective list permitting the motion to be heard by an associate judge. Similarly, if the action has been assigned to a judge under rule 37.15 or rule 77.06, a direction from that judge that an associate judge be appointed to hear motions within the associate judge’s jurisdiction will be necessary. The requirement for a judge’s written direction does not apply to motions under the Bankruptcy and Insolvency Act heard by an associate judge exercising the authority of a registrar of the court in bankruptcy under the Act.

52. Pre-trial conferences will presumptively be heard remotely, subject to Rule 1.08 and the discretion of the pre-trial judge. Counsel and parties will be advised of the location of the pre-trial conference the week before it is scheduled to be heard.
53. The court will hear pre-trial conferences for cases where trial dates have been fixed. It is expected that parties and counsel will attend pre-trial conferences with full intention and authority to settle the case. To make the pre-trial effective, there should be no impediment to resolution of the case such as an outstanding expert report, outstanding critical productions, or other evidence that is necessary for a fulsome discussion of the case.
54. Pursuant to the amendments to Rule 50.03, each party must complete a Certificate of Readiness (Form 50A) at least 30 days prior to the pretrial setting out the status of expert reports and submit it to the court using the Ontario Courts Public Portal.
55. While the initial focus of the pre-trial conference will be on resolution of the case, the pre-trial judge or associate judge will also undertake trial management. Trial management is especially important with the possibility of virtual or hybrid virtual/in-person trials. Prior to the pre-trial conference, counsel will be provided with blank drafts of the form of pre-trial report