Practice Directions

Practice Notes have been issued by the Chief Justices of the Supreme Court from time to time since the adoption of the Rules of Court which came into force on January 1, 1977. Former Chief Justice Nicholson issued a revision of the Practice Notes on April 15, 1985, and there have been many changes and additional ones issued since then.

The present Rules of Court were adopted and came into force on August 1, 1990, and many new Practice Notes have been issued since then. These Practice Notes were intended to help solve problems of procedure and interpretation of the Rules for the Bench and Bar.

Over the years some confusion has arisen over the text of these Practice Notes and the exact number which have been issued. In order to clarify any misunderstanding, the following revision of all Practice Notes has been approved and is expected to be followed. All old Practice Notes, though in some cases almost identical to the present Notes, should be discarded.

Members of the Bar should review and become familiar with these Practice Directions as it is expected they will be followed in all cases.

Individual Notes

PART I – COURT PROCEDURE AND DECORUM

A. Opening and Closing Hearings

B. Attire and Decorum

C. Documents and Exhibits

D. Resolution of Matters Before a Hearing

E. Request for Emergency Hearing

F. Identification of Pronouns and Titles by Court Participants

G. Oaths and Affirmations

H. Additional Requests Related to a Hearing

J. Court Orders

PART II – ACCESS TO COURT/COURT RECORDS AND USE OF ELECTRONIC DEVICES

B. Notice to Media Re: Discretionary Publication, Sealing Order, Restricted Access Order, or Confidentiality Order

C. Use of Electronic Devices in Courtrooms

D. Audio Recordings and Transcripts

E. Release of Court Docket and Court Decisions

PART III – FILING OF DOCUMENTS AND AUTHORITIES

A. General Filing Guidance

B. Electronic Filing

C. Calculation of Time

D. Non-Compliance

E. Filing of USBs

F. Large Language Models of Artificial Intelligence

PART IV – CASE MANAGEMENT AND PRE-TRIAL CONFERENCES

A. Case Management

B. Settlement Conferences, Pre-Trial Conferences and Trial Readiness Pre-Trial Conferences

PART V – GENERAL DIRECTIONS: MOTIONS AND APPLICATIONS

PART VI – FAMILY LAW MATTERS AND DIVORCE PROCEEDINGS

A. Pre-Motion Conferences

B. Motions and Applications

C. Child Support

D. Uncontested Divorces

E. Office of the Children’s Lawyer (OCL)

F. Director of Child Protection

G. Interjurisdictional Support Orders Regime (ISO Regime)

H. Hague Convention

PART VII – ESTATES AND TRUSTS

PART VIII – CRIMINAL

A. General Procedure

B. Arraignments

C. Pre-Trial Conferences and Resolution Conferences

D. Detention Review Hearings (s. 525 of the Criminal Code Of Canada)

E. Introducing Evidence Containing High Potency Narcotics or other Hazardous Substances

PART IX – COSTS

PART X – QUIETING OF TITLES