May 2025 - Update from 311 Bench & Bar

THE BENCH - Justice M. Pawagi

The Office of the Chief Justice recently held a forum with 311 Jarvis St & 47 Sheppard courthouse representatives and court users/agencies (Child Protection Agencies, Legal Aid, Association of Child Protection Lawyers, Mediation, Family Responsibility Office, Aboriginal Legal Services, APCO, Office of the Children’s Lawyer, Barbra Schlifer Clinic et al) to brainstorm over areas needing attention. In summary, there were 4 areas where there was a commitment to respond to concerns that were raised.

• 1. Issue of Not meeting Timelines in the Child, Youth & Family Services Act with respect to Protection Findings (90 days). One approach may be to set the hearing at the 90-day mark or as close to it as possible, for half day before the case management judge (or another judge if the case management judge has given an opinion). This would assist parents because if no protection finding that completes the matter; and if there is a protection finding made, it would be clear at the outset what the issues are that the parents need to address. The temporary care and custody hearing would have to be held before the finding hearing. Societies are committed to serving Agreed Statement of Facts and Letter of Expectations at the outset of the proceeding. This is critical for parents as they will then be able to address the concrete concerns as opposed to the general concerns that are listed in the Application. 

• 2. Perception that there are too many case conferences. Counsel raised the concern that there are too many conferences before a matter is finally set for trial. This is a case specific concern as one approach will not apply to all matters. Some cases need to be monitored gradually to be able to come to a final resolution. Counsel are urged to address this with the court and not just go along with adjournment to another case conference. Each appearance must be meaningful.

• 3. More Assistance for Self-Represented Litigants.  Several proposals were suggested. 1. To have someone in the role of a ‘Process Navigator’ at the courthouse (assistance from IRC?) to guide self-reps to the various stages of the court. 2. To make more referrals to mediation. At the First Appearance before the clerk, mediation and other resources such as duty counsel should be available and canvassed by the clerk. 2. Duty Counsel to have access to both electronic and paper file. This is in progress. 4: QR code to be posted throughout the waiting area. The code would have all the helpful links in one place (Free Tax clinic, Family Law Services Centre, Aboriginal Legal Services, Supervised Access Program, Steps to Justice, Pro-Bono students, etc.). Borzou Tabrizi of Mediation Services, volunteered to assist with this.

• 4. Encourage and educate young lawyers to practice Family and Child Protection law. Education, inspiration and mentorship needed. Young lawyers (and law students) will be encouraged to attend and observe court process, including over zoom.

Posted Court Dockets: Counsel raised issue that the dockets need to be up to date with correct legal counsel. Courtroom clerks can make amendments (add or remove counsel) if notified.

Ex-Parte Motions: 14B motions are being received requesting date to hear an ex-parte motion. If truly an urgent ex-parte motion, it can be brought same day. No 14B motion seeking date is required.

When 14B brought seeking leave to file a document that is attached to the 14B, if leave is granted, that document must then be filed. Acceptance by the Judge of the 14B does not mean the documents are filed. It means you have permission to file the documents. 

The Children’s Play Area: it was suggested to make it a more inviting space, however, concerns were raised that it may encourage children being left unsupervised, toys being broken, injuries, and other liability issues. Justice Harris is addressing this issue.

GUEST SPEAKERS: Jacquline Mutch and Victoria Wan of the Courts Digital Transformation Initiative.

Background: Initiative started in 2021 with the Ministry of the Attorney General, Superior Court of Justice and the Ontario Court of Justice. It culminated in a bid for tender being put out and Thomson Reuters was the successful vendor and contracted with the Ministry in June 2023. Collaboration has been in works to configure the system for Phase 1 implementation. Phase 1 is for family court in Toronto. Working towards implementation for summer of 2025.  Testing is in the process. Outreach to stakeholders to participate.

Essentially the Initiative will be providing an end-to-end solution which will give users 24-7 access to case information. JSO portal will be replaced by Public Portal - an interface for filing.  C-Track will replace ‘Frank’ – presently used by court case management. Case Centre and JSO will be replaced by the Public Portal thereby eliminating duplication of filing. There will be easy access to case information and the ability to look up documents. A one-page document will be circulated to sign up to get input and feedback.