BOOKING A CIVIL MOTION DATE AT THE SUPERIOR COURT OF JUSTICE – BRAMPTON

Now that many court appearances can be done virtually, lawyers have more flexibility in the files they can take on. In the past, a simple 15-minute scheduling appearance could mean hours of travel, so we had to be cautious about accepting matters in distant jurisdictions. Even though courts are gradually returning to in-person hearings, many procedural attendances are still conducted remotely, so lawyers are less likely to limit their practice to a single city.

One consequence of this is that we now need to understand how to navigate multiple administrative regions across Ontario. Each region has its own practice directions, booking systems, and unwritten customs, and those differences can easily cause delay or frustration if they are unfamiliar.

This blog is the first in a series where I will break down how to book a motion in various cities and towns across Ontario.

 

Short Motions (under 1 hour):

Although Brampton is part of the Central West Region, the practice directions create a few Brampton‑specific rules, starting with how short motions are booked.

Unlike Milton, Orangeville, Guelph, Owen Sound, and Walkerton, you cannot book a short motion in Brampton by emailing the court to request available dates. Instead, counsel must schedule short motions using the court’s online Calendly system.

Things to keep in mind for Short Motions:

– The practice directions include a helpful tip sheet on using Calendly, linked here

– Self-represented parties that do not have the technology or ability to access the internet may schedule the Short Motion by telephone

– Any cancellations or adjournments using Calendly must be on consent of the parties

– Cancellations and adjournments will not be accepted on Calendly within 10 days of the scheduled hearing date

 

Long Motions (over 1 hour):

To book a long motion, the parties must first adhere to a timetable for completion of all the necessary steps (i.e. delivery of materials, cross-examinations, etc.) to be considered “ready” to proceed with the motion hearing.

If the parties agree on a timetable, it can be sent to the court with a request that it be endorsed and made into a Court Order.

If the parties cannot agree on a timetable within 45 days of service of the moving party’s motion record, any party can request an attendance at Triage Court to set a timetable. This is done by completing the Requisition to Attend Long Motion Triage Court Form, linked here, and emailing it to SCJtrialofficebrampton@ontario.ca. In Brampton, triage court is held every Tuesday at 9:00 a.m.

Once the timetable has been set and complied with, the parties are considered “ready” to book their long motion hearing date. This is also done at triage court, using the same requisition and email process that applies if the parties cannot agree on a timetable and must attend triage court to set one.

Things to keep in mind for Triage Court:

– Gowns are not required at triage court

– Each matter at triage court is limited to 10 minutes

– It is the responsibility of the party scheduling the triage court date to inform the other parties immediately in writing

– Do not ask the judge for a motion date unless all of the steps in the timetable are adhered to – it will not go well

 

Staying current with the latest regional notices and practice directions helps avoid unnecessary delays and ensures that matters proceed smoothly. Stay tuned for my next blog post, where I walk through the process for another city or town in a different administrative region.

Please remember that scheduling procedures change frequently. Always review the most recent Central West Region practice direction and any local notices specific to Brampton before scheduling.

 

Colleen Dowling 

Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.

REGIONAL PRACTICE DIRECTIONS – SCHEDULING, FILING, AND COMMUNICATING WITH THE COURTS

When it comes to scheduling a date with the courts and subsequently serving and filing materials, you must first consult your region’s Practice Directions. These handy guides provide detailed steps to ensure your date is secured and your materials are provided to opposing counsel and your presiding Judge.

 

The Superior Court of Justice is divided into eight different regions, each with their own Practice Direction:

  1. Central East: Barrie/Bracebridge, Newmarket, Oshawa, and Peterborough/Cobourg/Lindsay,
  2. Central South: Hamilton, Kitchener, St. Catherines, Welland, Brantford, Simcoe, and Cayuga
  3. Central West: Brampton, Orangeville, Guelph, Milton, and Owen Sound/Walkerton,
  4. East: Ottawa, Kingston, Belleville, Brockville, Cornwall, L’Orignal, Napanee, Pembroke, Perth, and Picton
  5. Northeast: Sudbury, Cochrane/Timmins, Gore Bay, Haileybury, North Bay, Parry Sound, and Sault Ste. Marie
  6. Northwest: Thunder Bay, Kenora, and Fort Frances
  7. Southwest: Chatham/Kent, Goderich/Huron, London/Middlesex, Sarnia/Lambton, St. Thomas/Elgin, Stratford/ Perth, Windsor/Essex, and Woodstock/Oxford
  8. Toronto: This region of the Superior Court of Justice includes the Estates List, Civil List, and Family List. Importantly, each of these lists have their own practice direction.

 

Practice Directions provide an up-to-date overview of the court’s scheduling, filing and administrative procedures. Importantly, these directions are separated by the subject of the matter, such as civil law, family law, and criminal law.

 

While each court will have varying directions, there are some consistencies across the regions, such as:

 

If you find that a region’s Practice Direction does not adequately address your questions, you can do the following:

  1. Consult the consolidated Provincial Practice Directions
  2. Contact the court’s administration and ask them to clarify their scheduling and filing procedures
  3. Review the Rules of Civil Procedure

*(When in doubt, it is always best practice to review the Rules. They govern the entire Superior Court of Justice and are the basis of all region’s court procedures.)

 

Remember to always read the most recent iteration of a region’s Practice Directions and Notices to the Profession. These guides are often amended to reflect updates to court’s scheduling and filing procedures.

 

Hannah Henley

Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.