Emond Montgomery Publications: Instructor's Resources

See the documents below for updates on the impact of COVID-19 on civil proceedings.

Update #1: The impact of COVID-19 on how courts are determining what constitutes an issue requiring an emergency hearing and how the hearing is to be conducted when the courts are physically shut down. Links are also provided to contract and tort law relevant to resolving issues arising as a result of the COVID-19 pandemic.

Update #2: Superior Court Notice to the Profession, the Public, and the Media Regarding Civil and Family Proceedings, April 6, 2020.

Update #3: Notice to the Legal Profession regarding the Civil Claim Online Service, March 23, 2020.

Update #4: Notice to the Legal Profession regarding urgent Small Claims Court Matters, April 22, 2020.

Update #5: Public and non-professional recognition of the likelihood of a permanent move to doing more court document filing and hearings online.

Update #6: Further details on Small Claims Court Operations: Counter Service Suspension.

Update #7: Details on Small Claims Court rescheduling and the establishment of a national court action committee to create guidelines for court operations.

Update #8: Announcement by Associate Chief Justice Marrocco of limited resumption of regular operations of the Small Claims Court.

Update #9: Best Practices for Videoconference Hearings

Update #10: Court Opening Dates and Further Adjournments

Update #11: Expansion of court openings for Ontario Small Claims Courts: change in criteria for remote hearings moving forward.

Update #12: Amendments to the Rules of Civil Procedure that authorize the use of Civil Submissions Online to electronically submit documents for filing and/or issuance in a Superior Court of Justice civil action or application.

Update #13: The COVID-19 Economic Recovery Act, 2020 and its amendments to legislation that may help consumer debtors. The Protecting Tenants and Strengthening Community Housing Act, 2020 introduces repayment plans but may cause more problems for tenants.

Update #14 — August 14, 2020: Information about CaseLines, an online platform for uploading court documents, newly in use by the Ontario Superior Court of Justice in Toronto.

Update #15 — August 18, 2020: Online filing and accessing of court documents using Justice Services Online and CaseLines.

Update #16 — August 31, 2020: Limitation period suspension that began on March 16, 2020 is cancelled.

Update #17 — September 30, 2020: Summary and current status of Ontario courts.

Update #18 — October 9, 2020: Minor expansion of some Small Claims Court services.

Update #19 — October 28, 2020: Small Claims Court expanding remote operations to include some motions and assessment hearings.

Update #20 — November 2, 2020: Adjournment of Small Claims in-person hearings for November and December 2020 to January 4, 2021.

Update #21 — November 13, 2020: Thoughts on the likelihood of certain types of hearings and pre-trial discovery becoming permanent.

Update #22 — December 1, 2020: New court restrictions in light of regional lockdowns.

Update #23 — December 10, 2020: Changes to Court Rules and Forms to facilitate online proceedings.

Update #24 — December 27, 2020: Protocol for naming e-filed documents in the Ontario court system, coming into force January 21, 2021.

Update #25 — January 13, 2021: A summary of the changes and timelines for Small Claims Court operations since the start of the COVID-19 pandemic in March 2020.

Update #26 — February 1, 2021: Expansion of Online Filing for the Small Claims Court.

Update #27 — February 11, 2021: Trials which have been interrupted by the COVID-19 court shutdown to be rescheduled.

Update #28 — February 21, 2021: Amendments to the Rules of Civil Procedure and Rules of the Small Claims Court coming into force March 1, 2021.

Update #29 — March 1, 2021: Thoughts on some of the challenges of online hearings.

Update #30 — March 16, 2021: Further expansion of online Small Claims Court services.

Update #31 — April 22, 2021: Certain matters being deferred in light of newest Ontario lockdown.

Update #32 — May 5, 2021: Does a party have a right to insist on in-person hearings? (Re Wood, 2021 ONCA 190).

Update #33 — June 9, 2021: Should witnesses giving evidence in person be compelled to remove their masks?

Update #34 — August 26, 2021: On whether the common law allowing a layoff to be treated as constructive dismissal has been superseded by COVID legislation applying to layoffs during the COVID pandemic.

Update #35 — August 27, 2021: Requirement that persons serving on juries will be required to be fully vaccinated.

Update #36 — November 7, 2021: Ontario courts’ Digital Transformation initiative.

Update #37 — December 4, 2021: Online Filing for the Small Claims Court.

Update #38 — January 19, 2022: Extension of Restrictions on Court Proceedings.

Update #39 — March 19, 2022: Is an Injury Sustained Working at Home a Workplace Injury?

Update #40 — April 1, 2022: Interplay and Concerns Over Online and In-Person Hearings

Update #41 — May 24, 2022: Conference to Provide Law Firms with Information on Changing Office Operations and Hiring Practices