Ontario Court of Appeal suspends scheduled appeals for three weeks

By John Chunn

Law360 Canada (March 16, 2020, 3:42 PM EDT) -- Effective March 17, except as provided below, the Court of Appeal announced that it will suspend all scheduled appeals for a period of three weeks (until April 3). During this period, urgent appeals will be heard based on either the written materials or remotely.

According to the court’s notice to the profession and public, parties on non-urgent appeals that were scheduled between March 17 and April 3 can request that their appeal be heard in writing. The court says it will provide further information once it has assessed the situation during this period.

Urgent appeals

Anyone wishing to have their matter heard on an urgent basis should send a request to the attention of the Senior Legal Officer at COA.SeniorLegalOfficer@ontario.ca.

The request should provide the following information:
  • Why the matter is urgent;
  • Whether all parties consent to the hearing of the appeal on an urgent basis;
  • Whether the parties consent to having the decision rendered based on the written materials already filed or whether they want the appeal heard remotely.

Non-urgent appeals

Parties on non-urgent matters can request that their appeal be heard based on the written materials already filed. Such a request should be addressed to the attention of the Senior Legal Officer at COA.SeniorLegalOfficer@ontario.ca.

Such requests should only be made if all parties consent to having the matter heard in writing.

Appeals between April 3-April 30

The court continues to encourage parties to appeals that are scheduled to proceed between April 3 and April 30 to consider and consent to adjournments.

Single judge motions

Single judge motions will continue to be heard as scheduled for the week of March 16. The motion judge will preside remotely. Alternatively, on consent, a motion may proceed based on the written materials that the parties have filed.

The court encourages all parties to non-urgent motions that are scheduled to proceed the week of March 16 to request and consent to adjournments. Parties should contact the motions office at coa.e-file@ontario.ca to advise of consent adjournments or consent to motions proceeding in writing.

Pending further notice, the same procedures will apply as for the week of March 16. The court encourages parties not to bring non-urgent motions and to request and consent to adjournments of motions that have been scheduled.

New filings

Osgoode Hall will remain open to accept filings. However, to support social distancing, all are encouraged to send filings by mail or to drop them off below the digital display within the court’s Intake Office. Please attach a cheque or instructions regarding whom to contact for payment of court filing fees. For filings by mail or that have been dropped off, you will be notified by phone, e-mail, or regular mail when your filing has been accepted. Factums can continue to be filed electronically.