Urgent Motions during COVID-19 (Civil)

Matters accepted as urgent

• Public health matters directly relating to COVID-19
• Termination of commercial tenancies or evictions relating to residential tenancies
• Enforcement of court orders, including repayment of funds
• Confidentiality orders affecting the privacy interests of children
• National political processes and participation in elections
• Issuance or removal of writs allowing a transaction to close
• Certificates of pending litigation
• Circumstances where significant financial harm may occur (including employment matters)
• The protection of public safety, such as an injunction preventing entry by a third-party into a condo unit during the pandemic or risk of harm to third parties

Notices to the Professional

• Consolidated Notice to the Profession, Litigants, Accused Persons, Public and the Media
• Court Location Information

Maksoud v Canadian Alliance of Physiotherapy Regulators, 2020 ONSC 3175 (CanLII)

[1] Mr. Maksoud seeks leave to commence an application on an urgent basis pursuant to the Notice to the Profession dated March 15, 2020 as amended. The applicant seeks Charter remedies concerning the alleged unconstitutionality of the regulation governing licensing of physiotherapists in Ontario.

[2] The court has had to restrict its services due personnel limitations caused by the Covid-19 pandemic. Although processes have been instituted to allow many categories of civil proceedings to be heard in Toronto at this time, the proposed application raises substantial constitutional questions. It requires a long hearing at best assuming there are no material facts in dispute. If the factual matrix is not complete or is contested, then a trial is likely required.