Ministry of
the Attorney
General
Superior Court of Regional Municipality Court House
Justice
of
55 Main Street West
Hamilton-Wentworth
Hamilton Ontario
Family Court
L8P 1H4
Tel/Tél.:
(905) 645-6250
Ministère
du Procureur
general
Cour de la famille
Fax/Téléc.:
(905) 645-6264
Municiapalité régionale Palais de justice
de
Hamilton- 55, rue Main ouest
Wentworth
Hamilton Ontario
L8P 1H4
MEMORANDUM
TO:
The Profession and Self-Represented Litigants
FROM:
Regional Senior Justice Turnbull
Local Administrative Justice McLaren
RE:
Family Court Schedule
DATE:
March 1, 2013
This year’s Memorandum addresses some scheduling changes and several other issues of
importance:
1. TRIAL LIST
If a case is on the trial list and you have not filed a trial record or factum (for motions) you
need to appear in Purge Court.
If a case is on the trial list and disclosure has been ordered, but not been provided, you must
appear in Purge Court. The purpose of Purge Court and its scheduled dates are explained on
a memorandum affixed to the bulletin board outside of the trial coordinator’s office. If a party
is seeking an attendance at Purge Court because disclosure has not been completed, the other
party and the Court must be notified of the request to place the matter on the Purge Court list
and proof of service should accompany the request when filed with the Trial Office.
Once your case is placed on a trial list for a given sitting of the court, you are expected to be
available for the entire sitting. You can contact the trial coordinator’s office to find out the
status of your case and when it is likely to be reached.
2. TRIAL SCHEDULE
Attached please find the trial schedule for 2013.
3. JUDICIAL CONFERENCES
The conference dates for 2013 are:
May 1st – 3rd, 2013
June 5th – 7th, 2013
October 30th – November 1st, 2013
Subsequently motions on these weeks will be held on the Tuesday of the week instead of
Friday and the child protection administrative list will also be heard on Tuesday, instead of
Wednesday.
4. EASTER
Motions will be held on Thursday, March 28, 2013 instead of March 29, which is Good Friday.
5. MOTIONS TO CHANGE
When a motion to change is adjourned to the trial list, even for multiple days, it is expected to
be heard based on affidavit material with a factum required from each party. Viva voce
evidence (oral testimony) is only permitted if there is an order allowing it.
6. AFFIDAVIT OF SERVICE
When a document is delivered for personal service to a litigant’s residence and the only person
receiving it will not provide identification to prove who he/she is and that he/she lives at that
residence, service is not effected. The Affidavit of Service should not be changed to say that
the document was left with a person who would not provide identification and the document
cannot be filed into the Continuing Record. The person who attempted service may complete
an affidavit of attempted service which would be filed in support of a motion for substituted
service. It is only when service is effected pursuant to that order, that the document be added
to the continuing record.
7. DISPUTE RESOLUTION PROGRAM
As of January 1, 2013 this Court has implemented a Dispute Resolution Program for all
motions to change. When a response is received on a motion to change, a case conference may
be arranged before a Dispute Resolution Officer (DRO), who is a senior lawyer within the
community. All rules regarding case conferences are applicable, ie: confirmations and case
conference briefs and timelines attributable to each.
8. 14B MOTIONS
Motions filed using Form 14B do not require an affidavit. They are either on consent, which
should be attached, or are uncomplicated or procedural in nature. If they are not on consent
they must be served for a regular motions day, confirmed and filed in the normal course, i.e. by
2:00 p.m. two days prior to the hearing.
9. SCHEDULING OF CONFERENCES
The new system of scheduling is designed to make attendance more productive by giving each
conference more time before the presiding justice while providing court dates in a timely
manner. Commencing March 1, 2013, all case conferences will all be scheduled for 30
minutes each. All settlement conferences will be scheduled for 45 minutes each. If a matter is
particularly complicated, more time can be requested through the office of the trial coordinator
at the time of making the appointment.
There will be no presumption that each case requires a case conference, settlement conference
and a trial management conference. Some cases may only require a case conference. Few
cases will require a trial management conference.
10. CASE CONFERENCES
Case conferences will now be held in the morning court sessions and will be tiered. Two will
be scheduled at 10:00 a.m. and two will be scheduled at 11:00 a.m. As more court time will be
assigned to the hearing of case conferences, these may be adjourned on consent without
appearing if more than three week’s notice is given to the court. If the request is made within
three weeks of the hearing, all lawyers and their clients are required to attend and cost
sanctions will be levied against the responsible party in the discretion of the presiding judge. If
the conference is going to be adjourned, the trial coordinator must be immediately notified.
Counsel may only book one conference per time slot.
11. SETTLEMENT CONFERENCES
With the exception of child protection matters which involve the Children’s Aid Society or the
Catholic Children’s Aid Society, settlement conferences will be heard in 45 minutes time slots.
One conference in which one or more counsel are involved will be scheduled at 12:15 p.m.
Two conferences will be scheduled for 2:30 p.m. and one conference will be scheduled for
3:45 p.m. A settlement conference may be adjourned without appearing, if more than one
month’s notice is given to the Court. If the request is made within a month of the hearing all
lawyers and their clients are required to attend and cost sanctions will be levied against the
responsible party in the discretion of the presiding judge. In any event, if any conference is
going to be adjourned the trial coordinator must be immediately notified.
In any case where counsel and/or litigants are waiting for an appraisal or custody/access
assessment a date should not be given for the next conference until the reports are completed.
Counsel may only book one conference per time slot.
12. ARTICLING STUDENTS
Articling students will now be allowed to attend in this Court for first appearance lists and
unopposed matters. However, instructing counsel must be available to give instructions to the
student if the court requires additional information. However, instructing counsel must be
available to give instructions to the student if the court requires additional information.
__________________________________
Regional Senior Justice Turnbull
________________________________
Local Administrative Justice McLaren
SCHEDULE OF TRIAL SITTINGS FOR 2013
JANUARY 7, 2013 – 4 WEEKS
PURGE COURT – DEC, 17, 2012
FEBRUARY 11, 2013 – 4 WEEKS
PURGE COURT - FEB. 4, 2013
MARCH 18, 2013- 4 WEEKS
PURGE COURT – MAR. 11, 2013
APRIL 15, 2013 – 4 WEEKS
PURGE COURT – APR. 8, 2013
MAY 13, 2013 – 4 WEEKS
PURGE COURT – MAY 6, 2013
JUNE 10, 2013 – 3 WEEKS
PURGE COURT - JUNE 3, 2013
JULY 1, 2013 – 2 WEEKS
PURGE COURT - JUNE 24, 2013
AUGUST 5, 2013 – 2 WEEKS
PURGE COURT - JULY 29, 2013
AUGUST 19, 2013 – 2 WEEKS
PURGE COURT – AUG. 12, 2013
SEPTEMBER 2, 2013 – 2 WEEKS
PURGE COURT - AUG. 26, 2013
SEPTEMBER 30, 2013 – 5 WEEKS
PURGE COURT – SEPT 23, 2013
NOVEMBER 4, 2013 – 4 WEEKS
PURGE COURT – OCT. 28, 2013
DECEMBER 2, 2013 – 3 WEEKS
PURGE COURT – NOV. 25, 2013