Administrative Advisory - Southwest Region - Commercial Scheduling

This administrative advisory is applicable to all commercial matters scheduled for hearing in London

The purposes of this administrative advisory are to ensure administrative steps are in place for the appropriate scheduling of commercial matters materially connected to this region and the time sensitivity of any of such matters is identified.

This advisory will be applied to commercial matters involving the following statutes:

(a) those arising under the Bankruptcy and Insolvency Act (“BIA”) to the extent they are beyond the jurisdiction of the Deputy Registrar under section 192 of the BIA. Such matters would include, by way of example only, opposed applications for a bankruptcy order, interim receiverships under the BIA, priority disputes, matters involving alleged preferences or settlement;

(b) matters involving the Companies’ Creditors Arrangement Act from the initial application until completion;

(c) matters involving the Personal Property Security Act;

(d) matters involving receivers appointed under the Courts of Justice Act whether in conjunction with or separate from an appointment under the BIA;

(e) matters involving issues arising under the Farm Debt Mediation Act;

(f) matters involving realization or the determination of priorities of claims arising under the Bank Act;

(g) matters under either the Ontario Business Corporations Act or the Canada Business Corporations Act;

(h) matters under the Partnerships Act or Limited Partnerships Act;

(i) matters under the Bulk Sales Act; and

(j) matters incidental to a proceeding involving a statute or area mentioned above.

Counsel shall identify to the Trial Co-ordinator that a commercial matter is time sensitive by completing the attached “Time Sensitive – Commercial Scheduling Request”. A date for hearing shall be scheduled directly with the Trial Co-ordinator.

If a commercial matter is not time sensitive, motions or applications shall initially be made returnable on a regular motions date. Counsel shall complete the attached “Certificate of Readiness of Special Appointment for Commercial Matters” and the region’s usual procedures to obtain a special appointment shall apply.

Counsel are directed to the provisions of Rule 37.15 and encouraged to seek in accordance with that Rule an order directing that all motions in the proceeding be heard by a particular judge.

Dated at London this 21st day of July, 2008.

“Lynne C. Leitch”
Madam Justice Lynne C. Leitch
Regional Senior Justice
(Southwest Region)
Superior Court of Justice

“Helen A. Rady”
Madam Justice Helen A. Rady
Administrative Judge - London
Superior Court of Justice

Forms:

1. Time Sensitive – Commercial Scheduling Request (Word)
2. Certificate of Readiness of Special Appointment for Commercial Matters (Word)