What can I use a 9:30 for?
9:30s are brief chambers appointments (no need to gown) between counsel and a Commercial List judge. Judges hold virtual appointments each morning before open court at 10:00 a.m. The Practice Direction limits appointments to 15 minutes. While some matters may run longer, and judges may accommodate this where appropriate, the Court expects counsel to book case conferences to address complex matters. The tips set out here apply to all such chambers appointments.
In practice, 9:30s are commonly scheduled to:
- Set dates for motions, trials, and other procedural steps
- Settle orders, establish timetables, resolve issues arising from cross-examinations, or address alleged improper refusals at discoveries
- Seek urgent or opposed relief, including initial orders in insolvency proceedings, Mareva, Anton Piller, or Norwich orders, and other time-sensitive matters
How do I book a 9:30?
To book a 9:30, email a completed request form to the Commercial List office at mag.csd.to.scjcom@ontario.ca. The form should specify the requested date or dates, provide a concise description of the matters, and identify the required materials.
Before submitting the request, you should:
- Consult the Consolidated Practice Directions for the Toronto Region
- Obtain available dates from the Commercial List office at mag.csd.to.scjcom@ontario.ca
- Confirm the proposed dates and description of matters with opposing counsel
Be concise and objective when you draft the description of the matters to be addressed, and make reasonable efforts to agree with opposing counsel on the wording. If opposing counsel is uncooperative after reasonable efforts, you may still submit the form with a note indicating you did not obtain consent.
What materials should I file/bring?
In advance of the 9:30, you should file an Aide Memoire and, where necessary, a brief containing any supporting documents. The Aide Memoire should succinctly set out the client’s position, generally in three pages or fewer, with references to the relevant portions of the record.
Where possible, file and upload draft orders in advance of the 9:30. If there is a dispute over the wording of an order, provide a blackline comparing the competing versions.
Upload all documents necessary for the hearing to Case Center no later than 2:00 p.m., two days before the appearance.
Judges typically receive 9:30 materials in advance, but you should not assume they will review any voluminous records in detail.
“Hallway litigation” – Sort of…
“Hallway litigation” has long been part of the Commercial List culture and historically extended to 9:30s.
Judges expect parties to attempt to resolve or narrow disputes before attending contested matters, particularly at 9:30s. This reflects the three Cs of Commercial List practice: common sense, cooperation, and communication.
With 9:30s now conducted virtually, some of the traditional aspects of informal hallway communications are difficult. The Court still expects that you communicate in advance of 9:30 attendances and attempt to narrow issues before the chambers appearance.
What do I do when I get to a 9:30?
9:30s are, today, conducted virtually via Zoom. You are not required to gown but should dress professionally and keep cameras on when making submissions. Despite their inherent reduced formality, professionalism remains essential: virtual 9:30 etiquette mirrors in-court practice.
As with any virtual proceeding, arrange for a private space, test equipment in advance, and ensure you’ve uploaded all materials to Case Center.
On the morning of the 9:30, log in a few minutes early to sign in with the Registrar and be placed in the queue. Counsel who are not speaking may mute themselves or turn off their cameras.
Once the 9:30 begins, introduce yourself, opposing counsel, and any students in attendance. There are no strict rules regarding the order of submissions, but the party seeking relief will generally begin. Be concise and clear about the relief sought and the reasons for it. Opposing counsel will have an opportunity to respond, and there may be a limited opportunity to reply.
What do judges expect?
Judges expect counsel to be knowledgeable about the matter and prepared to address the issues efficiently. They also expect that parties will have made meaningful efforts to resolve or narrow issues in advance of the 9:30. Additionally, where scheduling is at issue, judges expect counsel to have consulted the Commercial List office regarding available dates for motions or other steps.
Pay close attention to the judge’s comments during the appearance. While comments made in chambers are typically preliminary and based on a limited record, they provide useful insight into the Court’s perspective on the case.
Above all, judges on the Commercial List prioritize the three Cs. Arrive knowing your client’s position and your authority on the issues, and come armed with practical solutions to disputes.
How does a 9:30 conclude?
A 9:30 typically results in an endorsement reflecting the outcome of the appearance and any directions or orders. The Court usually emails the endorsement to counsel later that day.
