Re: Proceedings to be Heard by a Single Judge

Practice Direction 1994, Revised 2004

1. The following proceedings in Divisional Court are directed for a hearing before one judge of the Divisional Court:

(1) Appeals under s. 19(1)(c) and s. 31 of the Courts of Justice Act and motions to quash such appeals.

(2) Applications for leave to appeal and requests for interim relief.

THE FOLLOWING PROVISIONS APPLY ONLY TO THE TORONTO REGION: Matters to Be Heard by One Judge

2. In the Toronto Region only, the following proceedings are directed to be brought in Divisional Court for a hearing before a single judge of that court sitting as a Judge of the Superior Court of Justice:

(a) Motions under rule 62.02 for leave to appeal the interlocutory order of a Superior Court of Justice judge;

(b) Applications for judicial review under s. 6(2) of the Judicial Review Procedure Act.

The notice of motion under rule 62.02 and the notice of application under s. 6(2), together with all other material, will be filed with the Divisional Court at Osgoode Hall.

Confirmation of Hearing Data

The number of Toronto Divisional Court motions has increased dramatically since applications for leave to appeal and applications under s. 6(2) of the Judicial Review Procedure Act have been heard in Divisional Court Motions by Divisional Court judges sitting in their capacity as judges of the Superior Court of Justice.

To bring more order into the scheduling of Divisional Court motions in Toronto, the practice now followed in Toronto in Superior Court of Justice motions and in family law matters will be applied to Divisional Court motions, applications, and appeals before a single judge.

In the case of appeals to a single judge, motions for leave to appeal and other motions incidental to appeals or applications, counsel should contact the Divisional Court office by telephone, (416) 327-6202, to arrange a hearing date. In all three-judge proceedings, a hearing date must be obtained from the Registrar by telephone, (416) 327-5036.

Notwithstanding that a matter is set down for a hearing, and unless otherwise ordered by a judge, the papers will not be forwarded to the presiding judge and, unless otherwise ordered, the matter will not be heard on the date scheduled unless counsel for the moving party or applicant, by 4:30 p.m. two days prior to the scheduled hearing date, files all necessary material and confirms that the motion or application is to proceed as scheduled.

Counsel for the moving party or applicant may confirm the hearing date by delivery of the attached form to the Divisional Court office at Osgoode Hall or by fax transmission to (416) 327-5549

The presiding judge will generally exercise her/his discretion to decline to hear a matter without a factum.

It is the responsibility of counsel to see that the material is filed as directed. Divisional Court staff will no longer telephone counsel to remind them of the time requirements.

Counsel are reminded that all motions for leave to appeal must include, in the motion record, a copy of the signed and entered order from which leave to appeal is sought.

Time Limits on Argument

Counsel will generally limit argument on motions and leave applications to 15 minutes each. Where more time is needed, counsel will advise the Registrar at the time the appointment is given, of the estimated time requested.

When an application under s. 6(2) of the Judicial Review Procedure Act or an appeal under s. 19(1)(c) and 21(2) of the Courts of Justice Act will require more than one hour for hearing, counsel should advise the Registrar of their best estimate when the appointment is given.

Application and Commencement

This practice direction applies only to motions, applications, and appeals before a single judge. It does not apply to matters to be heard by a Divisional Court panel.

This Practice Direction comes into force December 5, 1994 and replaces the Practice Direction dated the 4th of January, 1985, signed by G.T. Evans, Chief Justice of the High Court.

Dated September 13, 1994
Rev. July 2004

The Honourable Archie Campbell
Regional Senior Justice

The Honourable Roy McMurty
Chief Justice of the Ontario Court of Justice