The list details the procedures and processes for addressing urgent commercial concerns
The Superior Court of Justice of Ontario has released a commercial list for the East Region detailing new procedures and processes in handling urgent commercial concerns.
The list will include mandatory orders in commercial matters like Norwich orders and Mareva injunctions. It will also include receivership applications and all receivership-related motions.
The commercial list covers Companies’ Creditors Arrangement Act applications; urgent contested bankruptcies or those that can’t be accommodated in regular bankruptcy lists; and relief applications under the CBCA, OBCA, or partnership legislation approved by the team lead. The list will also include all other matters qualified for the Toronto commercial list wherein the team lead or designate directs should be addressed on the East Region list.
The East Region list will follow the Toronto list’s practice, except that a dedicated or separate filing office or administrative process will not be implemented. The Ottawa-based bankruptcy office will still handle bankruptcy matters, but all other documents should be filed via standard procedures for civil litigation.
Regional senior justice Calum MacLeod confirmed in a memorandum that applications or actions will commence normally in Ottawa and other East Region locations except for urgent motions. All documents in a proceeding will still be filed in the local court where the matter began or where it was transferred, based on the presiding judge’s direction.
The court provided a request form for applicants or moving parties seeking to secure an appointment with a judge assigned to the commercial list. The request form is to be sent to the email address [email protected].
Matters will be scheduled for hearing or speaking to at a 9:00am practice court typically available every second Tuesday. Parties should indicate in the form if a matter is too urgent for this process or if a 9:00am appearance is inappropriate; the matter will then be referred to the team lead or another judge for direction.
