Best Practices for Civil Applications and Motions

I. Purpose of this document

[1] The Practice Direction for Civil Applications, Motions and Other Matters in the Toronto Region encourages parties to refer to this best practices document for guidance in the bringing of applications and motions. Best Practices for Civil Applications and Motions describes the practices the Court encourages both lawyers and self-represented parties to use in preparing and conducting civil applications and motions.

II. Co-operation and civility between counsel and between counsel and self- represented parties

[2] Although parties conduct civil applications and motions within the context of an adversarial system of litigation, the Court expects counsel and self-represented parties to conduct themselves at all times in ways that promote co-operation, effective and timely communication, and civility, as well as applying common sense to the resolution of issues that arise during the course of a proceeding.

[3] The Court expects counsel to conduct applications and motions having regard to the Principles of Professionalism for Advocates and the Principles of Civility for Advocates published by The Advocates’ Society, found at: http://www.advocates.ca/assets/files/pdf/publications/principles-of-civility.pdf

III. Assistance for self-represented parties in preparing application and motion materials

[4] Self-represented parties are advised that Law Help Ontario, a project of Pro Bono Law Ontario, provides pro bono legal services to eligible individuals who cannot afford to hire a lawyer and who are involved in applications or motions. Law Help Ontario operates a walk-in centre on the main floor level of 393 University Avenue, Toronto. Information about Law Help Ontario, including the hours of operation of its walk-in centre, can be found at its website, http://www.lawhelpontario.org.

[5] Counsel who are involved in civil proceedings involving a self-represented party are encouraged to consult and be guided by the Canadian Code of Conduct for Trial Lawyers Involved in Civil Actions Involving Unrepresented Litigants published by the American College of Trial Lawyers and found at: http://www.actl.com/AM/Template.cfm?Section=Home&template=/CM/ContentDisplay.cfm&ContentID=4072

IV. Electronic document disclosure

[6] Parties are reminded of their obligation under Rule 29.1.03(4) to consult and have regard to the document titled The Sedona Canada Principles Addressing Electronic Discovery developed and available from The Sedona Conference. Adherence to this obligation is particularly important in complex applications or motions which may involve significant documentary disclosure. The Sedona Canada Principles Addressing Electronic Discovery may be found at: https://thesedonaconference.org/publications

V. Materials for use of the Court on applications or motions

Confirmation of applications and motions

[7] Parties are reminded that their confirmation form must be sent to the motions office no later than 2:00 pm 3 days before the scheduled hearing date under newly amended Rule 37.10.1.

Factums or written arguments

[8] Factums are required for all applications. Factums are required for all motions over two hours (except undertakings and refusals motions) and are strongly encouraged for all other motions. Short and succinct factums are strongly encouraged for all motions and applications.

[9] For longer or more complex motions, the Court always finds it helpful for the parties to file electronic copies of their factums in Word format. Electronic copies should be attached to the hard copy of the factum filed with the Court on a disk and should be labelled with the court file name and number, event and content of the disk, as well as the return date of the matter.

Books of authorities

[10] Cases contained in books of authorities should be copied on both sides of a page. Electronic copies of books of authorities are helpful in longer or more complex motions. Disks should be labelled with the court file name and number, event and content of the disk, as well as the return date of the matter.

Complex applications and motions

[11] Where a matter is on-going or the materials in the court files are voluminous, counsel are requested to facilitate the hearing of the matter by considering preparing a comprehensive record, by co-ordinating the material through a common numbering scheme for all filed materials, or by having a representative attend at the Civil Motions List Office before a hearing to ensure that the correct materials are available to the judge.

[12] In appropriate cases, to supplement any required formal record, counsel are requested to consider preparing an informal compendium of the key materials to be referred to in argument (fair extracts of documents, transcripts, previous orders, authorities, etc.) to assist in focusing the case for the Court. Relevant portions of the compendium should be highlighted or marked. Counsel are urged to consult among themselves in the preparation of a joint compendium, if possible.

Charts and diagrams

[13] The Court invites the use of diagrams, corporate organization charts, list of persons involved, point-form chronologies and other synopses of complex or technical evidence.

Organization of materials on continuing matters

[14] Where a matter has been adjourned and materials have been previously filed with the Court, parties are responsible to ensure that all previously filed materials to be relied upon for this particular hearing are pulled from the file or ordered from storage, if applicable, and brought to staff in the court office, at least one week prior to the new hearing date.

[15] Where a proceeding has resulted in previous endorsements, orders or judgments, parties are encouraged to file an Orders Brief containing all judicial dispositions of previous steps in the proceeding.

[16] Between 12 noon and 2:30 pm two days before the hearing date of your long or complex motion or application, it is recommended that a representative of the moving party attend the Civil Motions Office and organize the court file to put all relevant documents in order for the judge/master to review, particularly where materials are voluminous or where a matter is scheduled to reconvene.

Costs

[17] Parties are reminded that unless they have agreed on the costs of a motion or application, Rule 57.01(6) requires every party who intends to seek costs for a motion or application to give to the other party before the hearing of the motion or application a costs outline not exceeding three pages in length (Form 57B) and bring a copy to the hearing. It is within the discretion of the Court not to entertain cost submissions unless the parties have complied with this rule.

VI. Court contact information for applications and motions

December 2009