Divisional Court (Notices)

Landlord & Tenant Board Appeals (Notices)

• Notice to Profession for Appeals from the Landlord and Tenant Board in the Divisional Court (Effective August 24, 2020)

Delivery of Notice of Appeal

Pursuant to R.63.01(3) of the Rules of Civil Procedure, “delivery of a notice of appeal” from an order under the RTA stays, until the disposition of the appeal, any provision of the order (a) declaring a tenancy agreement terminated or evicting a person, or (b) terminating a member’s occupancy of a member unit in a non-profit housing cooperative or evicting the member.

A notice of appeal may be “delivered” within the meaning of R.63.01(3) by service of the notice of appeal and the appellant’s certificate respecting evidence on the Landlord and Tenant Board and on the landlord(s), and either:

• Transmission of the notice of appeal and the appellant’s certificate respecting evidence and proof of service to the Divisional Court by email to the following address:

scj-csj.divcourtmail@ontario.ca

• Filing the notice of appeal together with proof of service of the notice of appeal with the Divisional Court at any Superior Court of Justice office in Ontario. A notice of appeal may be in Form 61A.1 of the Rules of Civil Procedure (copy attached as Schedule “A” to this Notice to Profession) and an appellant’s certificate respecting evidence may be in Form 61C of the Rules of Civil Procedure (copy attached as Schedule “B” to this Notice to Profession).

Notice to Profession – Divisional Court (June 29, 2020)

D.1. Provincewide Protocol applies to all Divisional Court matters Set out below is the practice to be observed to schedule a matter in Divisional Court anywhere in Ontario.

Please note that this direction applies to all matters in Divisional Court. The court’s schedule of cases as of the suspension of ordinary court operations is, itself, entirely suspended until September 4, 2020, and matters will not be heard according to that schedule. Only matters scheduled in accordance with this Direction will be heard. Therefore, a party in a matter that has been scheduled previously for hearing up to September 4, 2020 will have to obtain a new date for hearing following the process set out below, if the party wishes the case to proceed during the suspension of in-person hearings.

For cases that were scheduled prior to the suspension of normal court operations to dates after September 4, 2020, hearings will be proceed on the scheduled dates. The Divisional Court will provide further directions at a later date as to whether these matters will proceed in person or remotely, and whether documents are to be filed electronically in accordance with this Notice to the Profession.

All previously scheduled in-person matters that are now cancelled may be rescheduled for hearing by videoconference or other means directed by the court pursuant to this Notice to the Profession.

Any previously scheduled in-person matters that are now cancelled, and which are not rescheduled for hearing by videoconference, will not be scheduled for in-person hearings until further Notice to the Profession, and will be scheduled thereafter in accordance with a scheduling protocol that will be provided by way of Notice to the Profession at a future date.

D.5. Filing of Materials with the Court

1. During the suspension of normal Court operations, no documents will be issued by the Divisional Court or are to be filed with the Court except in accordance with this protocol or in accordance with a direction from one of the Divisional Court Administrative Judges or a designate. For example, originating processes (notices of appeal, applications for judicial review) will not be issued by or accepted by the court unless they have been authorized by one of the Divisional Court Administrative Judges or a designate.
2. Where paper copies of case materials have been filed with the court previously, and those materials are made available to the court electronically pursuant to this Direction and/or any case management order made in the case, parties will not need to refile those materials in paper form, even if those materials have been altered to include hyperlinks.
3. Where parties file electronically compendiums, counsel sheets, bills of costs, or any other documents not previously filed in paper form pursuant to this Direction and/or any case management order made in the case, one paper copy of each such document must be filed with the applicable court office upon the resumption of ordinary court operations.
4. Where parties file electronically any documents required to be filed by the Rules of Civil Procedure (such as, for example, Records, transcripts, factums), and where these documents have not previously been filed in paper copy with the applicable court office, the parties must file one paper copy of each such document, and pay any applicable court fees upon the filing of such a document, upon the resumption of ordinary court operations.