what is assignment court in ontario

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Law resources & news, ontario’s pretrial conference rules are changing.

Lawsuits can settle at any time. But if a settlement doesn’t appear to be forthcoming, all cases in the Ontario Superior Court will eventually be scheduled for a pretrial conference.

Pretrial conferences are conducted by judges or associate judges. In order to obtain a pretrial conference date, a trial record needs to be filed with the court.

Once a trial record is filed, the court will give you a date for assignment court, where a date for your pretrial conference will be scheduled.

The pretrial conference is an opportunity for the parties to discuss the strengths and weaknesses of their case with a judge or associate judge, in the hopes that everyone will keep an open mind, and strive to reach a settlement of the issues that are in dispute. Typically, dates for the trial are assigned at the pretrial.

As of March 31, 2022, subrule (2.1) of Rule 50.02 of the Ontario Rules of Civil Procedure now stipulates:

(2.1) Unless otherwise provided by a court order or applicable practice direction, a pre-trial conference shall be scheduled for a date that is not more than 120 days and not less than 30 days before the later of the following dates:

• The first day fixed for the trial.
• The first day of the sitting during which the trial is expected to be held.

This amendment represents a substantial change from the way business is currently conducted at the Ontario Superior Court. With pretrials only happening four months or less before the start of trial, the parties will not receive the benefit of a judge or associate judge’s assistance in settling a case until almost the time of the trial. 

While there are certainly anticipated benefits to this change, including more meaningful pretrial conferences where the parties are actually ready for trial and have all of their expert reports completed, this new subrule will cause parties to spend more money preparing difficult-to-settle cases for trial.

Rule 50.03.1(1) now stipulates that 30 days before the pretrial, each party must file a certificate of readiness form (Form 50A), indicating whether the party intends to call any expert evidence at trial, and if the report of the expert required under Rule 53.03 (1) or (2) has been served on the other parties, and if not, why not.

These amendments also carry with them potential punitive measures for any litigant that is not prepared for trial at the time of the pretrial.  Rule 50.12 now has a new subrule (2) that states:

Unproductive Pretrial Conference

(2) If the judge or associate judge determines that a pre-trial conference over which the judge or associate judge presided was unproductive for reasons relating to a party’s conduct, an order made under subrule (1) may require that the costs be paid immediately.

So these new rules have some teeth! No doubt our judges and associate judges have endured many frustrating pretrials in which the parties or their lawyers were still missing important reports, and essentially wasting the court’s time.

With these new rules, it is more likely that parties will treat the pretrial conference in the manner in which it is intended to be used – as an opportunity to candidly and frankly discuss the issues in the case in an effort to achieve resolution of the issues, and if a such resolution cannot be achieved, to discuss trial scheduling issues.

These new rules will also provide the judge or associate judge presiding over the pretrial with the discretion to establish a timetable, and to adjourn the trial date if necessary.

Cases set down for trial prior to March 31, 2022, will continue to be governed by the currently existing pretrial rules under Rule 50 in the Ontario Rules of Civil Procedure .

For more information, see: https://www.ontario.ca/laws/regulation/r22018

• ARTICLE PUBLISHED ON Monday, January 24, 2022

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About the author.

CLAIRE WILKINSON

Claire Wilkinson specializes in personal injury and insurance litigation. A large percentage of Claire's practice is dedicated to assisting survivors of sexual abuse. Claire also represents persons seriously injured by motor vehicle collisions, product liability, slip and falls, medical malpractice, and other areas of personal injury litigation.

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Steps in a Superior Court Civil Action in Ontario

• Post author By Trial Lawyer Blog
• Post date March 20, 2016

The technical term for most lawsuits in Ontario is a “civil action”. It’s where someone is suing someone else, usually for money or property. Some lawsuits follow a separate process known as a “civil application” discussed at this link .

The steps in a civil action are discussed below, with links to resources on each step. In a nutshell, they are summarised as follows:

Before you begin a lawsuit, you might want to take a look at our litigation book called Civil Litigation D.I.Y.

Pleadings – the plaintiff sets out its claim for money and version of the facts in a statement of claim. The defendant sets out its version of the facts in a statement of defence. The plaintiff may reply to new issues raised in the defence.

Here are some resources to assist with pleadings:

• How to draft a statement of claim
• How to draft a statement of defence
• How draft a reply
• Pleadings forms and precedents

Discovery – after pleadings are complete, the parties must exchange all documents relevant to any issue in an affidavit of documents . This is known as documentary discovery. As well, parties get to question each other under oath prior to trial at examinations for discovery. This is known as oral discovery. After examinations for discovery, there are commonly undertakings, advisements and refusals to follow up on. You can click here to purchase discovery-related Court forms. Here’s an article on witness preparation .

Motions – motions can arise at any time to deal with any issue, including repairing pleadings, discovery issues, urgent issues to preserve property and summary judgment. Our motion forms are available here . An article on motions for removal of a lawyer from the record are here . An article on motions for a non-lawyer to represent a company is here .

Mediation – Mediation and/or a negotiated settlement can occur at any stage. It is common practice to have mediation after discoveries, but sometimes before discoveries. Mediation is an opportunity to have forthright discussions about the merits of the case. Mediation is usually voluntary. In Toronto, Ottawa and Windsor actions, mediation is mandatory. You can purchase a template mediation brief here, as well as template rule 49 offers, minutes of settlement and full and final releases here .

Set Down For Trial – Cases are set down for trial by serving and filing a trial record, which is discussed in an article here .

Trial Scheduling Court – many jurisdictions are moving towards having a Court appearance to book pre-trial and trial dates.  This is known as Trial Scheduling Court, Assignment Court or in Toronto To Be Spoken To Court .

Pre-Trial Conference – a pre-trial conference is held before a Judge in order to canvass settlement, determine readiness for trial, discuss trial issues, identify the witnesses, determine trial procedure and set trial dates. We created a pre-trial conference checklist to help you get ready, as well as a top 10 tips for pre-trial conferences .

Trial Preparation – for every day of trial, there may be 2 – 5 days of preparation, depending on the complexity of the case. A good rule of thumb is 3 days of trial preparation for each day of trial.

Trial preparation resources:

• Trial book HOW TO WINg A TRIAL (Part II is dedicated to trial prep)
• Ontario Civil Trial Manual
• Ontario Civil Trial Checklist
• Trial forms and precedents

Trial – at trial, the parties get to present their version of the facts through witness testimony and exhibits. There is an opportunity to cross-examine the other party’s witnesses. The law of evidence governs whether the Court will accept the evidence and for what purpose. Factual submissions are made in opening statements and legal submissions are presented in closing argument. Where trial is a possibility, you may want to consider taking a look at trial book HOW TO WINg A TRIAL (part III is dedicated to conducting trials).

Judgment – the successful party is awarded a judgment. If the plaintiff is awarded a sum of money, it is their responsibility to collect it. The successful party is usually awarded costs, but this does not mean the other side will pay all of their legal fees.

Useful Links

Rules of Civil Procedure: http://canlii.ca/t/549vx

Commentary on the Rules: https://www.canlii.org/en/commentary/66972/

Practice Directions (province-wide and regional): https://www.ontariocourts.ca/scj/practice/

Courts of Justice Act: https://www.ontario.ca/laws/statute/90c43

Superior Court Fees: https://www.ontario.ca/laws/regulation/920293

Superior Court Forms: https://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/

Trial Resources

Resources by a trial lawyer, available online:

Trial Book Trial Manual Trial Checklist Trial Forms

Trial Services

If you would like legal advice from an experienced trial lawyer:

Check out our Services Consult Trial Counsel

This website and all resources are trial information, not trial legal advice.

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The content of this website including all trial resources are © copyright. For permission to reproduce part of the website and/or trial resources please contact us .  Feedback and topic suggestions are welcome.  Thank you.

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To Gown, or Not to Gown? That is the Question

• September 15, 2017
• Meagan Jennings

Today is the day! You’re finally going to court for your first time alone. You are so excited, and a little nervous. You get to the courthouse early and while you’re going over what you’re going to say, you think to yourself: “Wait, was I supposed to gown today?” Not to worry; this is a question that faces all new lawyers entering the world of litigation. 

When do you gown? A practical question not taught in law school, the following will provide a how to guide on the do’s and don’ts of dressing for court.

There are a few general rules all lawyers need to know before going to court. Counsel is required to gown for all trials, motions and appeals before Judges in the Ontario Superior Court of Justice. Counsel is not required to gown before a Superior Court Judge if they are appearing in Assignment Court, case conferences, settlement conferences, trial management conferences, trial scheduling court, or pre-trials.

The general rule is that if you are appearing before a Master you are not required to gown, whereas if you are appearing before a judge you are required to gown, with exceptions. So the first question to ask yourself is who is presiding over my matter? The next is whether any exceptions apply. 

Exceptions can always be found to these rules, such as when counsel is pregnant and needs to modify their gown in order to accommodate their pregnancy by removing the waist coat. Another exception is that counsel is not required to gown when making appearances in Small Claims court before Masters, Judges or Deputy Judges. Further, if a Judge presides over an express motion instead of a Master, it is normal that you are not gowned as it is an understood that the intention was that a Master preside over the motion.

If you brought your robe to court and you do not need it that day, do not worry. Below the Barristers Lounge at the Ottawa Courthouse there are lockers you can use to store your robes in. There is also an option for you to rent these lockers on a permanent basis.  If you brought your robe to court and you do intend to use it, the Barristers Lounge is also a great place to change before court. 

Finally, an important question to ask yourself is whether there are any region-specific practice directions you should be following? Be sure to check your local courthouse website and directives to make sure you are following the correct procedure. 

Helpful Links:

• http://www.ontariocourts.ca/scj/practice/practice-directions/provincial/#A_Gowning_For_Counsel 
• http://www.ccla-abcc.ca/?page=CourthouseAmenities

About the author

Meagan Jennings is a Summer Student from Soloway Wright LLP

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A place to ask simple legal questions. Advice here is for informational purposes only and should not be considered final or official advice. See a local lawyer for the best answer to your questions.

Can anyone explain what assignment court is for a civil matter please?

Hi everyone. I have a date set for assignment court and I’m just wondering what usually happens on this date. It’s in regards to a civil matter. Thank you

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Local Court Information

We have compiled information to assist you with getting to the courthouse, what court matters are dealt with at 80 Dundas Street, how to find your matter, local practice directions, and local gowning requirements.

London Court Locations

Our courthouse in London at 80 Dundas Street is home to:

• The Ontario Superior Court of Justice (Civil and Criminal matters)
• The Ontario Superior Court of Justice, Family Court Branch (Unified Family Court)
• The Ontario Court of Justice (Criminal matters)
• The Divisional Court, during sittings in London
• The Small Claims Court – Superior Court of Justice
• The Crown Attorney’s Office
• Victim’s Services

Non-criminal provincial offences are dealt with at the Provincial Offences Court, located at 824 Dundas Street.

For Tax Court of Canada matters, the hearing location will be indicated on the Notice of Hearing or Scheduling Order. Registry services for the Tax Court of Canada are located in Hamilton.

Location and Building Entrance

The London Courthouse street address is 80 Dundas Street, London, Ontario. The main, and only, entrance is from Queens Avenue, on the north side of the building. The Dundas entrance is not accessible to the public. Enter from the parking circle off of Queens, between Talbot and Ridout. 

Metered street parking is available with a 2-hour time limit. There are also several parking lots in the area, and the HonkMobile app  allows drivers to pay for parking online and add time to their existing paid period without the need to feed the meter.

Robing Rooms

The Middlesex Law Association has men’s and women’s locker rooms for day use and members are also eligible to rent a locker on an annual basis. The locker rooms are within the MLA Practice Resource Centre, located on the ground floor of the courthouse to the far right once you clear security. There are visitor lockers available for loan at no charge for the duration of your trial. Please speak to the front desk of the MLA Practice Resource Centre to obtain a key. Keys must be signed out and returned at the end of your trial.

London Courthouse WIFI Information

Wireless internet is available within the courthouse, either through the Public account or via the OPSGuest account which requires the completion of an application to gain access. Information on both types of access is below:

• London Courthouse Public WIFI access (English/French instructions)
• OPSGuest WIFI application – English
• OPSGuest WIFI application – French
• OPSGuest 6-month account instructions

Daily Docket & Assignment Court

The Superior Court docket is posted on our home page by 9:00am on the day it covers.

Currently, only the Ontario Court of Justice docket is posted online daily: www.ontariocourtdates.ca .

As a courtesy, the MLA is posting the Superior Court of Justice daily docket and login information for hearings on our home page. The MLA is not responsible for any matters related to court scheduling and MLA staff cannot answer questions or provide any further assistance . Please contact the Superior Court office at 519-660-3000 if you have any questions about the docket.

A hardcopy of the docket is available at the front desk of the MLA Practice Resource Centre. You will also find printed dockets at the courthouse information desk outside of the Court Registrar’s office (ground floor, located by the escalators to the left as you enter), and electronically on the wall-mounted screen to the right of the desk. 

Assignment Court

When setting dates in civil assignment court, participants are expected to take into account the weeks of the spring, fall and statutory judicial meetings. Dates can be located at www.ontariocourts.ca . Please use preceding year dates as a guide if not posted. Civil trials will not begin or continue during the months of July or August. 

Local Practice Directions

Superior court of justice – southwest region.

These are to be consulted in conjunction with the Provincial Practice Directions, Presumptive Guidelines, Notices, Rules and Forms .

• Regional practice directions
• Notices and Orders

Our regional civil practice directions are issued by the Regional Senior Justice. As of June 1, 2023, The Honourable Renee Pomerance is the Regional Senior Justice, taking over from Justice Bruce Thomas. The most recent regional practice directions and memos to date are:

• Memorandum re: 2024 Special Virtual Civil Non-Jury Trial Sittings – Southwest Region (May 30, 2024) – London Sitting List
• Notice to the Profession re Administrative Dismissals -May 2024 (May 29, 2024)
• Notice to the Profession re Mode of Proceedings-Southwest Region-Revised Feb 2024 (February 14, 2024)
• Notice to the Profession – Long Trial Scheduling 2025 and going forward (April 26, 2023) plus Memo to the Profession – 2025 Long Civil Trial Scheduling (September 8, 2023)
• Notice to the Profession and Parties – Expansion of CaseLines Proceedings in Southwest Region . (October 28, 2022)
• Courtroom Etiquette for Virtual Hearings (August 2, 2022)
• Notice to the Profession re Mode of Proceedings for the Southwest Region (April 11, 2022)

Superior Court of Justice

Our local civil practice directions are issued by the Local Administrative Judge. The Honourable Madam Justice A.K. Mitchell has taken over this role from Justice Grace as of 2023. The most recent civil practice directions and memos to date are:

• Memo to the Profession – Consent/Unopposed Motions to Adjourn (Civil Trials and Special Appointments): Change in Mode of Proceeding  (January 30, 2024)
• Memo to the Profession – 2025 Long Civil Trial Scheduling (September 8, 2023) – supplement to the RSJ’s April 26th memo above
• Memo to the Profession – London Court Operations (March 1, 2021)

Superior Court of Justice – London Family Court

Our local family practice directions are issued by the Local Administrative Judge for the Family Court. The Honourable Madam Justice Kiran Sah has taken over this role from Justice Henderson as of 2023. Here are the most recent practice directions and memos, plus a form for special appointments:

• Memo re Changes in Mode of Proceeding – Sept 28/23
• Notice re Binding Judicial Dispute Resolution Pilot Project – Sept 27/23
• Certificate of Readiness of Special Appointment – July 11/23
• Memo re Changes-to-Family-Court-Schedule -Jan 5/23
• Justice Henderson Early Case Conferences Practice Direction   -Dec 22/21
• Justice Henderson Schedule Changes Memo – Dec 22/21
• Justice Henderson Memorandum – Sept 8/21

Local Court Calendars:

2024 London Superior Court calendar 2024 London Family Court calendar Southwest Region Divisional Court dates for 2024

Some matters are currently still proceeding virtually.

Ontario Court of Justice

Details on court operations can be found on the Ontario Court of Justice website .

Gowning Requirements

Business attire is required for all court appearances where gowning is not required, as outlined below.

Superior Court, Family Court, Divisional Court & Bankruptcy Matters

• Special Appointments
• Summary Matters

CYFSA Matters

• Contested Motions

Not Required

Superior court of justice:.

• Case Conferences
• Civil Assignment Court
• Civil Express Motions (unless it is transferred to a regular judges’ list, then gown)
• Criminal Assignment Court (date scheduling only) – counsel must gown if appearing for any other reason, such as entering a guilty plea
• Settlement Conferences
• Small Claims Court
• Trial Management Conference
• Trial Scheduling Courts

Business attire is required in both Civil and Criminal Assignment Court if gowning is not required.

Superior Court – Family Court ( in addition to Superior Court list above )

• CYFSA matters that aren’t contested motions and trials
• First Appearances
• To Be Spoken To Matters
• Opening of the Courts
• Swearing-In Ceremonies
• Swearing-Out Ceremonies

Gowning During Pregnancy

Counsel who are pregnant are free to modify their traditional court attire in order to accommodate their pregnancy as they see fit, including dispensing with a waistcoat and tabs.

Electronic Case Citations

http://www.ontariocourts.ca/scj/practice/practice-directions/provincial/

Filing of Judicial Decisions from Electronic Databases:

• Copies of judicial decisions obtained from approved electronic databases are acceptable for filing provided the report of the judicial decision contains paragraph numeration consistent with the numbering of the paragraphs in the decision as released by the court. “Approved electronic databases” are databases that are dedicated to the publication of judicial decisions (e.g. Quicklaw, CanLII, and Westlaw).
• Counsel and parties should be aware that judicial decisions posted on electronic databases may be subject to correction or editing within a few days of the initial posting and, accordingly, parties should ensure that any decision obtained from an electronic database has not been subsequently amended.

Citation of all Judicial Decisions

• Parties citing decisions from electronic databases should provide the citations for any paper versions of the decision in addition to the citation of the electronic database.
• Parties should provide the date that the copy of any decision was obtained from an electronic database, as part of the citation information.
• For decisions of the Ontario Superior Court of Justice released on or after January 1, 2010, parties should provide the neutral citation number (e.g. 2010  ONSC  1) in addition to the other required citations.

Assignment Involves Transfer of Rights to Collect Outstanding Debts

Does the law allow a creditor to sell a debt to someone else, the law allows a creditor to whom a debtor owes money to transfer the right to collect the outstanding monies to another person who then becomes the assignee creditor., understanding what constitutes as a legally binding assignment of creditor rights to collect a debt.

Right to Collect on Debts

In Ontario, the Court of Appeal case of Clark v. Werden , 2011 ONCA 619 confirmed the right to assign debts per the Conveyancing and Law of Property Act , R.S.O. 1990, c. C.34 , whereas such statute prescribes the conditions and requirements for the transfer of rights involving monies, among other things, whereas it was said:

Clark v. Werden , 2011 ONCA 619 at paragraph 13

[13]   The ability to assign a debt or legal chose in action is codified in s. 53 of the  Conveyancing and Law of Property Act , which provides that a debt is assignable subject to the equities between the original debtor and creditor and reads as follows:

53 (1) Any absolute assignment made on or after the 31st day of December, 1897, by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action is effectual in law, subject to all equities that would have been entitled to priority over the right of the assignee if this section had not been enacted, to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same without the concurrence of the assignor.

Partially Assigned

Interestingly, it should be noted that the statute law refers to an " absolute assignment "; however, such reference is made without fully defining the rights and duties of creditors and assignees in regards to concerns for the partial assignment of a debt.  However, in such circumstances as where a partial assignment of debt occurs, and therefore where there is more one assignee who assumes various rights of the original creditor, the assignee must include all assignees, or the original creditor if the original creditor retained a portion of the debt, when legal action is brought against debtor.  This requirement was stated by the Court of Appeal within the case of DiGuilo v. Boland , 1958 CanLII 92 wherein it was stated:

DiGuilo v. Boland , 1958 CanLII 92

The main reason why an assignee of a part of a debt is required to join all parties interested in the debt in an action to recover the part assigned to him is in my opinion because the Court cannot adjudicate completely and finally without having such parties before it.  The absence of such parties might result in the debtor being subjected to future actions in respect of the same debt, and moreover might result in conflicting decisions being arrived at concerning such debt.

Failed Notice

Of potentially grave concern to creditors, and potentially with great relief to debtors, for an assignee to retain the right to pursue the debtor, express written notice of the assignment is required.  This requirement was stated in 1124980 Ontario Inc. v. Liberty Mutual Insurance Company and Inco Ltd. , 2003 CanLII 45266  as part of the four part test to establish the right to pursue an assigned debt:

1124980 Ontario Inc.  v. Liberty Mutual , 2003 CanLII 45266 at paragraph 44

[44]   Accordingly, for there to be a valid legal assignment under  section 53(1) of the  CLPA , four requirements must be met:

a)  there must be debt or chose in action;

b)  the assignment must be absolute;

c)  the assignment must be written; and

d)  written notice of the assignment must be given to the debtor.

Where there is a failure of notice, and therefore failure to comply with the Conveyancing and Law of Property Act , it is said that the right to assign fails in law; however, relief in equity, via an equitable assignment may be available to an assignee affected by failure of notice.  Generally, in equity, when failure of notice occurs, the assignee is unable, in law, to bring an action in the name of the assignee and may do so only in the name of the creditor; however, even in the absence of proper notice as results in failure of assignment in law, and failure ot enjoin the creditor in an action pursued as an equitable assignment, the court may remain prepared to waive such a requirement whereas such occurred in the matter of  Landmark Vehicle Leasing Corporation v. Mister Twister Inc. , 2015 ONCA 545 wherein it was stated:

Landmark v. Mister Twister , 2015 ONCA 545 at paragraphs 10 to 16

[10]    Section 53(1) requires “ express notice in writing ” to the debtor.  Although there is some ambiguity in her reasons, it would appear that the trial judge found that Mr.  Blazys had express notice of the assignment, but not notice in writing.  Ross Wemp Leasing therefore did not assign the leases to Landmark in law: see  80 Mornelle Properties Inc.  v. Malla Properties Ltd. , 2010 ONCA 850 (CanLII) , 327 D.L.R.  (4th) 361, at para.  22 .  Ross Wemp Leasing did, however, assign the leases to Landmark in equity.  An equitable assignment does not require any notice, let alone written notice:  Bercovitz Estate v. Avigdor , [1961] O.J.  No.  20 (C.A.), at paras.  16, 25.

[11]   The appellants, relying on  DiGuilo v. Boland , 1958 CanLII 92 (ON CA), [1958] O.R.  384 (C.A.), aff’d, [1961] S.C.C.A.  vii, argue that as the appellants did not have written notice of the assignment, Landmark could not sue on its own.  Instead, Landmark had to join Ross Wemp Leasing in the action.  The appellants argue that the failure to join Ross Wemp Leasing requires that the judgment below be set aside.

[12]    DiGuilo does in fact require that the assignor of a chose in action be joined in the assignee’s claim against the debtor when the debtor has not received written notice of the assignment.  The holding in DiGuilo tracks rule 5.03(3) of the  Rules of Civil Procedure , R.R.O.  1990, Reg.  194 : In a proceeding by the assignee of a debt or other chose in action, the assignor shall be joined as a party unless,

(a) the assignment is absolute and not by way of charge only; and

(b) notice in writing has been given to the person liable in respect of the debt or chose in action that it has been assigned to the assignee.  [Emphasis added.]

[13]   Yet the assignee’s failure to join the assignor does not affect the validity of the assignment or necessarily vitiate a judgment obtained by the assignee against the debtor.  Rule 5.03(6) reads:

The court may by order relieve against the requirement of joinder under this rule.

[14]   The joinder requirement is intended to guard the debtor against a possible second action by the assignor and to permit the debtor to pursue any remedies it may have against the assignor without initiating another action:  DiGuilo , at p.  395.  Where the assignee’s failure to join the assignor does not prejudice the debtor, the court may grant the relief in rule 5.03(6) : see  Gentra Canada Investments Inc.  v. Lipson , 2011 ONCA 331 (CanLII), 106 O.R.  (3d) 261, at paras.  59 - 65 , leave to appeal refused, [2011] S.C.C.A.  No.  327.

[15]   In this case, the trial judge found that Mr.  Blazys, and effectively all of the appellants, gained actual notice of the lease assignments very shortly after the assignments were made and well before Landmark sued.  Armed with actual, albeit not written, notice of the assignment, the appellants could fully protect themselves against any prejudice from Landmark’s failure to join Ross Wemp Leasing.  Had the appellants seen any advantage in joining Ross Wemp Leasing, either to defend against Landmark’s claim or to advance a claim against Ross Wemp Leasing, the appellants could have moved for joinder under rule 5.03(4).  The appellants’ failure to bring a motion to add Ross Wemp Leasing speaks loudly to the absence of any prejudice caused by Landmark’s failure to join the assignor.

[16]   Ross Wemp Leasing perhaps should have been a party to the proceeding.  Landmark’s failure to join Ross Wemp Leasing, however, did not prejudice the appellants and should have had no impact on the trial judgment.  If requested, this court will make a  nunc pro tunc order relieving Landmark from the requirement of joining Ross Wemp Leasing in the action.

Summary Comment

The rights to collect on a debt can be sold and transferred from the original creditor to a substitute creditor or assignee who then takes on the rights of the original creditor.  Indeed, the selling and buying of individual debts, or debts within an entire portfolio debts is common within business.  The entire collection services industry is based on the concept of buying outstanding debt and then standing in the shoes of the original creditor and pursuing the payment of the debt.  Other forms of buying and selling debt includes mortgage swaps, among other things.

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A goal of Ranger Paralegal Service is to provide each client with noteworthy service in effort to earn client opinions that Ranger Paralegal Service is the best Paralegal in Oshawa, Ajax, Port Perry, Lindsay, and surrounding areas.

A goal of Ranger Paralegal Service is to provide each client with noteworthy service in effort to earn client opinions that Ranger Paralegal Service is the best Paralegal in Oshawa, Courtice, Uxbridge, Cobourg, and surrounding areas.

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Central Forms Repository (CFR)

• Ministry of Children,...

Confirmation of Assignment

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Forms, Links, and Information

Any person commencing a court proceeding to change the terms of their support...

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Form Number	006-3006
Title	Confirmation of Assignment
Description	Any person commencing a court proceeding to change the terms of their support order must complete a Confirmation of Assignment form to obtain information about whether their support order is assigned. The ministry will only provide information to the support payor, the support recipient or his/her lawyer. When the form is completed it must be sent to MCCSS, Confirmation of Assignment Unit.

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Steps to making a motion to change

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If you want to change a final order or written agreement, and the other party does not agree to the change, you need to:

• identify and fill out your documents
• get your motion to change issued by the court
• serve all your documents
• file proof of service

Step 1: identify and fill out your documents

To bring a motion to change, you will need:

• give the court information about your current arrangement and the changes you want to make
• this form must be signed in front of a commissioner for taking affidavits
• a copy of your existing court order or written agreement (already filed with the court) that you are asking to change
• learn more about the Continuing Record

Depending on your circumstances and what you’re requesting, you will also need:

• Form 35.1: Affidavit (decision-making responsibility, parenting time, contact) , if you are asking to change your parenting time or decision-making responsibility arrangement. This form must be commissioned.
• Form 13: Financial Statement (Support Claims) .
• Proof of current income (for example, your most recent pay stub, social assistance statement, or pension stub that shows your year-to-date income).
• Your Notices of Assessment and any Notices of Reassessment for each of the past three years. If your notices are unavailable for a particular year, you can use an Income and Deductions printout provided by the Canada Revenue Agency . You can contact the Canada Revenue Agency at 1-800-959-8281 .
• Some other proof of income for each of the past three years, if you swear or affirm a statement in your Financial Statement (Form 13) that you are not required to and have chosen not to file an income tax return because of the Canadian Indian Act .
• You need proof of your income for any other years that you’re asking to change or cancel your support arrears. For example, if you’re asking to change or cancel your arrears since 2014, you need proof of your income for 2014, 2015, 2016, and so on for each year up to and including this year.
• If you are asking to change your special or extraordinary expenses for a child, you also need to provide proof of these expenses (for example, daycare receipts).
• Form 13A: Certificate of Financial Disclosure . In this form, you confirm which financial documents you have served on the other party.
• If your support is registered with the Family Responsibility Office, you need a recent copy of the Director’s Statement of Arrears . Learn more about how to get your Statement of Arrears.
• A Confirmation of Assignment form , if support may have been assigned to a social service agency.

Learn more about financial disclosure documents .

Step 2: get your motion to change issued by the court

After you complete all of your documents, you have to get them “issued” by the court.

You can submit your documents to the court for issuance online using Justice Services Online or in-person at the courthouse.

A court clerk will issue your Motion to Change by:

• signing and dating your original motion to change (Form 15) and applying the court seal to the form
• giving you a court file number that you must write in the box at the top right corner of each page of your forms on every copy

You should make copies of everything that the clerk returns to you in order to serve a copy on every party named in the case and any agency required to be served. Remember to also make a copy for yourself.

First appearance

The clerk will give you a first appearance   date if you bring your motion to change in the Ontario Court of Justice or the Family Court Branch of the Superior Court of Justice.

The Superior Court of Justice does not schedule a first appearance when you bring your motion to change. You are responsible for scheduling your first court date, which is usually a case conference

Dispute Resolution Officer Program

The Dispute Resolution Officer ( DRO ) program operates in twelve Superior Court of Justice or Family Court of the Superior Court of Justice locations:

• Oshawa (Durham)

DROs are senior family lawyers who hear the initial case conferences for motions to change. If you make your motion to change in a court location where the DRO program operates, your first case conference will be with a DRO rather than a judge.

DROs provide an early, neutral evaluation of your case to help you and the other party:

• settle or narrow the issues in dispute
• organize any issues that are not settled
• share disclosure with each other
• set next steps in your case

Unlike a judge, DROs cannot make orders (even if you and the other party agree). However, a DRO can help you get a consent order from a judge.

Mandatory Information Program ( MIP )

In some circumstances, you and the other party will be required to attend a free Mandatory Information Program ( MIP ) session. When the clerk issues your motion to change, you may receive two MIP notices – one for you and one for the other party. You will each be scheduled to attend different MIP sessions.

Learn more about MIP sessions .

Step 3: serve all your documents

Once your motion to change has been issued by the court, you will need to serve your documents. Learn more about how to serve your documents .

Serving the responding party

After the clerk issues your motion to change , the following documents must be served on the other party:

• a copy of your court-issued motion to change and all your other forms that you completed in Step 1 (including the Continuing Record)
• the responding party’s MIP Notice , if you received one from the court clerk when you issued your motion to change at Step 2
• Form 15B: Response to Motion to Change
• Form 15C: Consent Motion to Change
• Form 13: Financial Statement (Support Claims)
• Form 13A: Certificate of Financial Disclosure
• Form 35.1: Affidavit (decision-making responsibility, parenting time, contact) , if you’re asking to change your parenting time or decision-making responsibility arrangement

Someone other than you (who is at least 18 years old) must serve your documents on the responding party, using special service .

The other party must receive your documents with enough time to complete, serve, and file a response before the first appearance or conference. The other party has 30 calendar days to respond after they receive your motion to change (or 60 calendar days if they were served outside of Canada or the United States).

Serving assignees

When a person receiving child or spousal support payments is in receipt of social assistance benefits, they may  assign  their support payments to a  social service agency  (such as Ontario Works or the Ontario Disability Support Program). This means that the agency is an  assignee  that receives the support payments.

If the support payments in your case are going to a social service agency, you must  serve  all of your motion to change documents that you completed in Step 1 on the agency. A caseworker at the  agency must agree   to any changes to your support arrangement  (even if you and the other party agree).

You do not need to serve any MIP notice or blank forms on the agency.

You must serve your documents on the agency using special or regular service . You can personally serve assignees and do not need to ask someone else to serve the documents for you.

If the agency responds by serving and filing a notice claiming a financial interest in your motion to change, the agency becomes a named responding party in your case.

Step 4: file proof of service

You must complete Form 6B: Affidavit of Service (one for each party that was served). In this form, you give information to prove to the court that your documents were served on the other party and any agencies.

Learn more about the proof of service and how to file it .

Superior Court Clarifies Gowning Requirements

July 05, 2021

The Ontario Superior Court of Justice updated its Notice to the Profession and Public Regarding Court Proceedings last week to clarify gowning requirements.

Gowns are not required for virtual proceedings.

For in-person proceedings, counsel must comply with paragraphs 59 to 61 of the Consolidated Practice Direction . Unless specified by a local practice direction, gowning is required for in-person proceedings, except for:

• trial scheduling court (also known as assignment court, “speak to” court, and “purge” court);
• case conferences, settlement conferences, trial management conferences, and pre-trial conferences; and
• Small Claims Court proceedings.

Where gowning is required, counsel must gown regardless of whether the presiding judicial official is a judge or a master.

Ontario landlords who owe investors $144M 'misappropriated' funds for 'extravagant' expenses: court report

Independent firm's findings disputed by landlords, who have bankruptcy protection.

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As their real estate business was failing, a group of Ontario landlords spent millions of dollars of investors' money on "extravagant" expenses, ranging from renting a luxury vacation home in Hawaii, to footing a $5,000 Miami strip club bill to flying on private jets. 

Those are among the findings of KSV Advisory, a court-appointed monitor given special powers by Superior Court to investigate the web of corporations linked to four landlords:

• Former YTV actor Robbie Clark.
• Hamilton-area real estate agent Dylan Suitor.
• Burlington business owners Aruba Butt and Ryan Molony. 

Their 11 corporations currently have bankruptcy protection from over 30 lawsuits after they failed to pay back over $144 million borrowed from investors. 

In a 92-page report released this week , KSV said the landlords appear to have "diverted, misused or misappropriated funds that were borrowed from investors." 

"Funds were improperly used for their personal benefits or extravagant expenses … without any discernible benefit to the business," it says.

CBC report detailed apparent spending

The landlords had used first and second mortgages and unsecured promissory notes from private lenders to buy up 800 properties, mostly in small Ontario cities, to renovate and rent out at a higher cost or sell them. 

CBC Hamilton revealed in February that the landlords flaunted a lavish lifestyle throughout 2022, even as their business was running out of money, properties sat derelict and vacant, and contractors, utility bills and property taxes went unpaid. 

• CBC Investigates Private jets, yachts and parties: Ontario landlords flaunted lavish lifestyle as business began to crumble
• CBC Investigates 3 landlords among largest real estate holders in Ontario owe $144M, under bankruptcy protection: documents

The court agreed for KSV to conduct an investigation earlier this spring, following concerns raised by investors in the wake of the CBC report. 

The KSV report reveals more details about how the landlords' spending unravelled the business, which the landlords, also known as the applicants, "vigorously dispute," as stated in a letter from their lawyer to investors on Wednesday. 

Parts of the KSV report published online have been redacted and information provided by the landlords wasn't included "without explanation," wrote Alex Payne, a lawyer with Bennett Jones. 

"It appears that the monitor has either not reviewed, misunderstood, and/or ignored certain of the applicants' responses," Payne said in the letter. 

He added they will work with the monitor to "dispel" concerns raised in the report. 

Steven D'Amico, a spokesperson for the landlords, told CBC Hamilton in a statement that their business practices are lawful, allegations of "excessive luxury expenditures" are inaccurate — and that the purchases are related to company retreats and capital-raising activities, and a small portion of the companies' overall expenses. 

D'Amico works in crisis communications for the U.S.-based firm JConnelly. 

Landlords due in court over bankruptcy protection

The landlords and investors are preparing to go to court in the coming days. Both sides will  argue whether or not the bankruptcy protection — and protection from investors looking to recoup their money — should expire June 24.

The business was fuelled by over 1,300 loans, the vast majority of which came from Hamilton mortgage broker Claire Drage and her company, the Windrose Group, which closed down earlier this year. 

KSV reviewed presentations Windrose made to convince people to invest with Suitor, Butt and Molony, and found them to be "misleading." The presentations didn't convey the amount of debt they'd taken on and how much they were paying to service that debt — which was substantial. 

Investors were under the impression that when they lent their money to the landlords, it was being used to buy or renovate a specific property, the KSV report says. But the landlords transferred over $12 million to corporations linked to other properties without investors knowing. 

During a call with investors in April 2024, KSV learned many people took "significant issue" with this practice of moving money to whatever company needed it, the report says. 

And in at least one instance, Suitor renewed a loan for a Sault Ste. Marie property that had been sold without investors' knowledge, the report says. Suitor also renewed two other loans without telling investors the property, in Timmins, had burned down. 

The landlords had also transferred over $21 million to their personal bank accounts, credit cards and unrelated corporations, KSV found.

The landlords failed to provide adequate financial records that tracked their spending, which has caused KSV "substantial concern," according to its report. 

"However, even more concerning to the monitor is the timing of many of these transfers." 

Millions transferred to personal accounts

When Windrose and other sources acting on behalf of investors deposited large amounts of money into the corporate accounts, most or all of it would be transferred to unrelated corporations within days or weeks, says the report. 

Butt, for example, received a $400,000 transfer marked as "dividend" to her bank account in May 2022, as did a corporation owned by Drage's family members. In the months that followed, the business faced "severe liquidity issues" and missed interest payments, says the report. 

In total, it says:

• Butt transferred $2.7 million to her personal account. 
• Suitor transferred nearly $630,000 to his, with the majority going towards his credit cards. 
• Clark transferred close to $1 million and Molony nearly $460,000. 

D'Amico, their spokesperson, said the vast majority of these payments are actually reimbursements for business expenses such as renovations and utilities. 

The landlords also used the loans to pay for jewelry, appearances with social media influencers, a cut from a famous hairdresser, stays in luxury hotels, and expensive meals in Paris and New York City, the report says.

KSV spoke to Drage throughout the investigation and she said she had similar expectations as investors, didn't know the landlords were using the loans in this way and only became aware of their cash flow issues in late 2022 or early 2023. She is currently facing about 20 lawsuits filed by lenders across Ontario.

Drage did not respond to a request for comment through her lawyers. 

By 2023, the landlords, through their companies, were borrowing money just to make interest payments and other debt obligations, the report says. 

Even when it was clear the business was operating at a "significant loss" with no "exit strategy" and they wouldn't be able to pay back all investors, the landlords renewed loans. This practice continued into January 2024, shortly before they applied for bankruptcy protection. 

Overall, KSV found investor funds were "mismanaged" to the benefit of the landlords.

ABOUT THE AUTHOR

Samantha Beattie is a reporter for CBC Hamilton. She has also worked for CBC Toronto and as a Senior Reporter at HuffPost Canada. Before that, she dived into local politics as a Toronto Star reporter covering city hall.

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Best Practices Guide For Class Actions in Ontario  

Introduction

These best practices for class actions in Ontario were prepared by the Class Actions Bench-Bar Liaison Committee. The purpose of this guide is to assist counsel in preparing for steps in class proceedings. These best practices should be read together with Part III of the Consolidated Civil Provincial Practice Direction.

Part A – Case Management of Class Actions

• Early case management is essential to address initial steps in the proceeding such as setting the timetable for the certification motion and any other anticipated motions, dealing with carriage issues or other issues which affect the timely advancement of the matter.
• As soon as possible after the commencement of the claim, the parties should consult with one another about the issues described below. Counsel for the parties are to make best efforts to resolve all issues on their own, in particular those relating to scheduling and timetabling, before seeking the assistance of the case management judge. Where agreement cannot be reached, the party seeking to schedule a case management conference should write to the case management judge or trial co-ordinator as applicable, to schedule a case conference. With respect to scheduling and timetabling issues, where agreement is reached, counsel should provide the timetable to the case management judge and seek the court’s endorsement.
• Counsel are expected to keep the court apprised of major developments in the case, including if there is to be a suspension of the timetable.
• In advance of case management conferences (prior to, and post-certification), a brief summary of the status of the case, issues in dispute and respective positions of the parties should be prepared and provided to the case management judge. This agenda and information should be provided to the case management judge at least 2 days prior to the case conference. It should be sent electronically to the case management judge, through the case management judge’s assistant, or as otherwise directed by the court.
• The checklist below provides guidance on the issues counsel should consider in preparation for case management conferences prior to and following certification. To the extent possible, counsel should advise the court of the position on the issues described in sections I to IV below, prior to the first case conference. A sample timetable for certification or other motions is also provided.

 Checklist for Case Management prior to the Certification Motion

• Have all parties been served with the originating process?
• If not, when will that be completed?
• Have any of the Defendants delivered a Statement of Defence?
• Do any of the Defendants seek to postpone delivery of their Defence until after certification?
• If so, is that opposed by the Plaintiff(s)?
• Have the Third Parties been served?
• Have any of the Third Parties delivered a defence to the Third Party action or the main action? What is the intention regarding timing of Defences and the positions of the parties?
• Will the Third Party actions be held in abeyance until after the determination of the common issues or some other step in the class action? and
• Will there be any involvement by the Third Parties in the class action? If so, to what extent?
• What is the nature of the proposed amendments?
• Is leave of the court required?
• By what date will any anticipated amendments be completed?
• Do any of the anticipated amendments necessitate material changes to the pleadings of the other affected parties?
• Are there any other class proceedings in Canada with respect to the same matters in issue in this proposed class proceeding? If so, in which jurisdictions?
• Have counsel in the other proceedings been given notice of this proceeding?
• What is the status of the other proceeding(s) (e.g. pre-certification, certification motion scheduled but not yet heard, certified, settled pending court approval etc.)?
• Has a different case management judge(s) already been assigned to the other proceeding(s)?
• Is a carriage motion necessary? If so, when will it be brought and has a timetable been fixed for the exchange of material and other steps leading up to the carriage motion?
• What is the extent of the overlap if any, in the proposed classes in each proceeding?
• What is the status of the other proceeding(s) (e.g., pre-certification, certification motion scheduled but not yet heard, certified, settled pending court approval etc.)?
• Has a case management judge(s) been assigned in the other proceding(s)?
• Has it been agreed or determined that the proceeding in one province is to be the lead proceeding, with the others to await the outcome in that province?
• Are stay motions, or carriage motions contemplated in other jurisdictions?
• Is certification opposed? If so, for each Defendant, which certification criteria are disputed?
• Can the number of disputed issues be reduced, or any facts agreed to
• What is the agreed upon or proposed length of the certification motion?
• Has a timetable for the exchange of material and other steps leading to the certification schedule been agreed upon? (See sample timetable below)

Sample timetable for certification (or other motions)

Plaintiff to serve motion materials
Defendant to serve responding materials
Plaintiff to serve reply materials, if any
Cross- Examinations
Motions arising from cross-examinations
Plaintiff to serve factum
Defendant(s) to serve factum(s)
Plaintiff to serve reply, if any
Hearing Date(s)

• Should there be page limits for certification motion facta? If so, what are the page limits?
• What motions are contemplated?
• Do any of the issues overlap with any aspect of the certification test, or would the court in deciding the motion benefit from the evidence being filed as part of the certification motion?
• Has the issue of the sequencing of the other motion(s) been agreed upon (prior to, together with, or following the certification motion)?

Part B  – Information to be filed in advance of Motions

• When the parties identify the issues for hearing, they should list each element of the legal test, such as the certification test, and identify which elements are contested and which are not. For those that are contested, if possible, the parties should briefly identify, without argument , the key areas of disagreement. For example, what causes of action are in dispute, if any.
• When the parties estimate time for oral submissions, they should estimate how much time will be spent on their main submissions, how much time will be reserved for reply, etc. When different counsel will be making submissions on different issues, the parties should estimate how much time each counsel estimates will be required on each issue.
• In cases involving several parties or several counsel, the parties should identify which counsel will make submissions on which issues and whether any counsel are making submissions on behalf of a group of parties, such as sometimes happens when there are multiple defendants in a similar position.
• When the parties are identifying counsel and time for oral submissions, they should also identify any counsel in overlapping actions who will be seeking to make submissions and whether and how many unrepresented class members or objectors will be seeking to address the court.
• When multiple motions have been scheduled to be heard together (e.g., certification motions heard together with jurisdiction motions, motions to strike, evidentiary motions, etc.), the parties should provide their proposal for how they intend to sequence the multiple motions during their oral submissions.
• Unless the case management judge has otherwise directed, parties are encouraged, but not required, to provide this information when filing Form 37B, either on the form itself or in an attached schedule. If the case management judge waives the requirement to file a motion confirmation form, parties are nevertheless encouraged to provide this information no later than three business days before the hearing.

Part C  – Use of Compendium

• For complex class action motions, such as certification and settlement approval motions, counsel are encouraged to consider preparing a hearing compendium of the key materials to be referred to in argument (fair extracts of documents, transcripts, previous orders, authorities, etc. but not argument) to assist the court during the hearing of the motion.
• The Compendium should contain only essential materials for the hearing and should be organized in the order in which they will be referred to in argument.
• The hearing compendium should include an index that, in addition to listing the materials, identifies where the materials may be located in the full record.  Hyperlinks to the full record are encouraged where possible. Relevant portions of the compendium should be highlighted or side-barred.
• Counsel are encouraged to consult among themselves whether preparation of a joint compendium is practicable and can be submitted.
• Parties are encouraged to serve and file their Compendiums and upload them onto CaseLines as far as possible in advance of the hearing.

Part D – Case Management Post-Certification

• Notice of certification;
• Opt out protocol and timelines;
• has a comprehensive discovery plan been agreed to setting out the scope of the issues and documents to be produced, from which custodians, and timelines for delivery?
• has an electronic discovery protocol been reached?
• oral discovery – have the persons to be examined for discovery been identified and agreed upon, and have the timelines and amount of time reserved for examinations been agreed upon?
• what discovery motions are likely or contemplated?
• Expert report delivery timeline and any proposed consultation as between the experts;
• Mediation (prior to, or following discovery, or both);
• Pre-trial(s); and
• After the action has been set down for trial, consideration of the assignment of a trial judge well in advance of trial, who can address pre-trial issues which arise in complex and large class actions relating to document admission and trial protocol and any amendment(s) to the common issues, as well as other issues.

Last update: May 27, 2022