Tag: toronto estates list

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

23 Mar

Changes to Toronto Region Estates List Operations in Light of COVID-19

Jenna Bontorin Estate & Trust, Litigation Tags: , , 0 Comments

Recent developments with COVID-19 mean a number of procedural changes have been put in place at the Toronto Estates List.  The following operations are effective as of March 23, 2020:

1.     All regular matters which have been scheduled and are not urgent, or time sensitive, are adjourned to after June 1, 2020 and are not currently being rescheduled, subject to any further direction from the Court (in accordance with the Notice to the Profession issued by Chief Justice Morawetz, March 15, 2020).

2.     The judges of the Toronto Estates List will continue to hear and decide urgent and time-sensitive matters. The procedure for urgent matters on the Estates List is the same as the procedure for urgent matters on the Commercial List and will be in accordance with the procedure set out in the Changes to Commercial List Operations in light of the COVID-19 March 16, 2020 advisory, with necessary changes.  For greater certainty, all urgent requests and materials on the Estates List should be sent to the Commercial List trial coordinator at Toronto.commerciallist@jus.gov.on.ca

3.    There is no change to the usual procedure for filing materials in matters that are to be considered by the Court in writing, including motions for consent orders and ex parte orders.  Materials for matters to be heard in writing may still be filed at the Estates Office, subject to any further direction of the Court.

4.     Applications for Certificates of Appointment (i.e. probate) are still be accepted and processed by the Estate Office.

5.     Notices of Application (Forms 14E, 74.44, and 75.5) will continue to be issued by the Estates Office but instead of fixing a return date the Notice of Application shall indicate that the matter will be heard: “on a date to be fixed by the Registrar.”

6.      Notices of Objections (Form 75.1) may be filed in the Estates Office as usual.

The PDF copy of the above notice can be found here.

Thanks for reading,

Jenna Bontorin

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