Tag: Ontario Superior Court

12 Jul

When is a Matter Truly Urgent?

Rebecca Rauws Litigation Tags: , , , , , , , , , , , 0 Comments

During the COVID-19 pandemic, our Courts have unfortunately, but necessarily, been impacted. As a result, the Courts have, at times, had to restrict the matters that may be heard to only those that are urgent, as defined by the Notices to the Profession that have been published by the Court. For instance, the Consolidated Notice to the Profession, Litigants, Accused Persons, Public and the Media lists a number of matters that are to be considered urgent. With respect to civil and commercial list matters, this includes “urgent and time-sensitive motions and applications in civil and commercial list matters, where immediate and significant financial repercussions may result if there is no judicial hearing.” Discretion is also granted to allow the Court to decline to hear any particular matter described in the Notice as being urgent, if appropriate, or to allow a hearing that the Court deems necessary and appropriate to be heard on an urgent basis.

Despite the Notices from the Court, there may still be confusion amongst parties as to whether their matter qualifies as “urgent” or not. As The Honourable Justice Myers stated in the recent decision of Nicholas v. Ogniewicz, 2021 ONSC 4442, “Self-induced urgency is not ‘urgent’.”

In Nicholas v Ogniewicz, the issue was that there had been an agreement of purchase and sale with respect to real property, which provided that the purchaser would submit requisitions two weeks prior to closing. Unfortunately, the requisitions submitted by the purchaser were extensive, and as noted in the decision, it was apparent that several of the requisitions could not be physically accomplished before the closing date.

A week after the requisitions were received, the vendor asked for an urgent hearing date, pursuant to the Notice to Profession – Toronto, Toronto Expansion Protocol for Court Hearings during Covid-19 Pandemic, to resolve the validity of the requisitions.

Justice Myers described the current state of the civil list in Toronto as follows:

The civil list in Toronto is building a backlog of motion and application hearings. It is currently suffering unacceptably long timeouts for civil motions and applications due to the effects of the pandemic and a lack of resources. Truly urgent matters are being heard on an urgent basis. But no judge is sitting around waiting for them to come in. They are heard at a cost to other cases waiting in the queue or to case conferences that the judge may have to defer, or to parties waiting for the release of the judge’s reserved decisions that the judge was writing in her non-sitting time.

In the court’s view, in this particular case the time-sensitivity present was self-induced by both sides. It was also noted that no one was at risk of physical injury, the property was not about to suffer irremediable waste, no confidential information was at risk of disclosure or misuse, and no business was at risk of imminent failure or irreparable harm unless misconduct is urgently prevented. Ultimately, the court determined that the matter was not urgent as set out in the Notice to the Profession, and there was no basis for it to jump the queue.

Although there may be a light at the end of the pandemic tunnel, we must all still be mindful of the long-lasting consequences, including the heavy backlog that continues to exist, and will likely continue to exist for some time, in our courts.

Thanks for reading,

Rebecca Rauws

 

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23 Apr

Expect Delays: Court Calls for Deferral of Most Matters (Except on Toronto’s Estates List)

Paul Emile Trudelle General Interest, In the News Tags: , , , , , 0 Comments

In a Notice to the Profession and the Public updated April 20, 2021, Chief Justice Morawetz of the Ontario Superior Court gave notice that until May 7, 2021, the Court will be deferring as many matters as possible. This restriction is in light of the recent critical situation as a result of the COVID-19 pandemic, and in light of the recent heightened province-wide Stay-at Home order effective April 17, 2021.

The Notice reads as follows:

In view of the strengthened stay-at-home order and the critical situation with the pandemic, over the next several weeks until May 7, to reduce the number of court staff, counsel or parties required to leave their homes to participate in court proceedings, the Court will defer as many matters as possible. This includes virtual hearings.

The Court will focus on hearing

  • the most serious child protection matters
  • urgent family matters
  • critical criminal matters, and
  • urgent commercial or economic matters where there are employment or economic impacts.

Subject to the discretion of the trial judge, matters that are in-progress can continue. The positions of the parties and staff should be strongly considered and alternate arrangements should be made for those who do not wish to attend in-person.

The Court is seeking the cooperation of counsel to defer as much as possible.

However, matters WILL be proceeding as scheduled on the Toronto Estates List. In a message sent out by Justice McEwen, he stated that unless you are advised to the contrary, you should assume that any matters currently scheduled on the Commercial List or Estates List are proceeding as scheduled. This is because all matters on the Lists are proceeding virtually, and most are proceeding without the need for court staff to be physically present in the Court. The message was distributed to members of the Estates List Users Committee for dissemination. If you would like to receive a copy, please contact me at ptrudelle@hullandhull.com.

Have a great weekend.

Paul Trudelle

30 Oct

Hull on Estates #558 – Fica v Dmytryshyn: Costs Consequences of Failing to Comply with Rules of Civil Procedure

76admin Estate & Trust, Estate Planning, Hull on Estates, Litigation, Podcasts Tags: , , , , , 0 Comments

On today’s podcast, Jonathon Kappy and Rebecca Rauws discuss the Ontario Superior Court decision in Fica v Dmytryshyn, 2018 ONSC 2034, which addresses a fiduciary’s duty to comply with the Rules of Civil Procedure in accounting matters.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Click here for more information on Jonathon Kappy.

Click here for more information on Rebecca Rauws.

16 Oct

Hull on Estates #557 – Milne Estate and the Validity of Multiple Wills

76admin Estate & Trust, Estate Planning, Hull on Estates, Podcasts, Wills Tags: , , , , , , , , , 0 Comments

In today’s podcast, Paul Trudelle and Sayuri Kagami discuss the recent decision of Re Milne Estate, 2018 ONSC 4174, where Justice Dunphy of the Ontario Superior Court found a Will to be invalid where it provided the Estate Trustee with the discretion to determine whether assets might fall under the Will or not. At the time of recording, it was unknown whether the decision would be appealed. It is now confirmed that the decision is under appeal.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Click here for more information on Paul Trudelle.

Click here for more information on Sayuri Kagami.

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