New Notice to the Profession for Central West Region

The Central West Region has issued a Notice to the Profession and Parties, which will be effect on April 19, 2022.

One notable difference from the recent guidelines issued by the Ontario Superior Court of Justice on the mode of proceedings is that long motions in the Central West Region (motions of one hour or more) will presumptively be heard in person rather than by virtual means.

Further, for long motions in the Central West Region, the moving party must serve and file their motion materials within 10 days of obtaining the long motion date.  Thereafter, all parties must agree in writing on a schedule for the completion of all steps necessary for the long motion.  If the parties cannot agree within 30 days, the moving party must request a telephone attendance before a judge to set a timetable and/or obtain other directions.

The moving party’s factum must be served and filed three weeks prior to the hearing date.  The responding party’s factum must be served and filed two weeks prior to the hearing date.

Long motions in the Central West Region must be confirmed at least 21 days prior to the hearing date.                                                                                                           

Regarding pre-trial conferences, pre-trial dates in Brampton will be scheduled at Assignment Court or after obtaining a scheduled trial date by the parties jointly contacting the Trial Coordinator’s Office to obtain available dates.  In all other centres, the parties should contact the Trial Coordinator’s Office to obtain a pre-trial date, at which time they will receive an Assignment Court date or a trial date.

Where possible, pre-trial conferences will be scheduled within 120 days of the first day fixed for trial or the commencement of the trial sittings.

Lastly, the court reminds parties to comply with the deadlines for expert reports.  The failure to do so will likely attract a cost sanction, and the pre-trial judge may impose other sanctions, including an order prohibiting expert testimony by the expert whose report was served late.

The Central West Region is comprised of Brampton, Milton, Orangeville, Guelph, Owen Sound, and Walkerton.