Oshawa-Durham Consolidated Courthouse

Location Information

Part VII: Long Motions and Motions for Summary Judgment in Barrie, Bracebridge, Cobourg, Lindsay, Newmarket, Oshawa and Peterborough

Dates for all long motions (exceeding one hour) and all motions for summary judgment must be obtained from the Trial Co-ordinator.

For all motions exceeding one hour and for all summary judgment motions, counsel (and parties who are self-represented) shall file a factum no longer than 25 pages. In addition to a factum, counsel are to consult with each other and where possible file a Joint Compendium, which shall contain the key material documents to be relied on during oral argument. Where counsel cannot agree on a Joint Compendium, each will file their own separate Compendium, which shall contain the key material documents to be relied on during oral argument. The Compendium should not exceed 30 pages in length.

Where counsel intends to rely on case law, he or she shall file a case brief containing only those cases that will be referred to in oral argument, with the relevant passages side-barred.

Counsel are encouraged to file an electronic version of the factum, the Joint Compendium (or separate Compendium), and case brief on CD, DVD or USB key. The electronic documents must be submitted in either Microsoft Word format (.doc or .docx) or text searchable PDF format. The CD, DVD or USB key should be accompanied by a covering letter which identifies the materials contained on the CD, DVD or USB key, as follows:

USB Key: The cover letter should include a list of the files contained on the USB key, along with the title of proceedings, Court File #, Counsel Name(s), where applicable, and Party Name. If possible, the key should be labelled with the short style of cause and the Court File #.

CD or DVD: The CD or DVD should be labelled with the title of proceedings, Court File #, Counsel Name(s), where applicable, and Party Name. Include a list of the files contained on the CD or DVD in the cover letter.

The procedure for getting a hearing before the Superior Court of Justice is as follows:
- Prepare all materials (Notice of Application, Notice of Motion etc..) and serve it on the opposing side
- Once served, file the Application Record, or Motion Record with the court via email at durham.scj.courts@ontario.ca
- The clerks will forward the materials to a judge who will determine if the matter is to be heard on an urgent basis.
- If the matter is approved by the administrative judge the court clerk will schedule a hearing to be heard via zoom. It is important to provide the court with counsels unavailable dates.