Commercial List User's Commitee

Looking for existing Commercial List resources all in one place?

Look no further. Lenczner Slaght has compiled a series of existing documents, links, and videos relevant to the Commercial List. We have also reproduced all historical newsletters from the Commercial List Users’ Committee with a hyperlinked table of contents for easy navigation. This list of resources will continue to grow and support lawyers and others practicing on the Commercial List.

The Practice Direction

The Consolidated Practice Direction Concerning the Commercial List contains important procedural rules that are specific to the Commercial List, including:

        • how to start an action on the Commercial List;
        • transferring matters to and from the Commercial List;
        • the format of court materials; and
        • how to schedule applications, motions (including summary judgment motions) and trials.

Commercial List Forms

Below are links to important commercial list request forms.

Model Orders

The Commercial List Bench and members of the bar have created model orders for common types of applications.
Counsel are expected to model the draft orders they put before the Court on the model orders.
When preparing materials for a motion or application to which a model order applies, Counsel must include two copies of:
    • a “clean” copy of the draft order for the judge’s review and approval; and
    • a copy that has been “black-lined” against the model order to show any changes from the model order that are being proposed.

The Commercial List has the following model orders:
    • Initial CCAA Order;
    • Receivership Order;
    • Discharge Orders;
    • Vesting Orders; and
    • Anton Piller Orders.

Click here to find the model orders.

Daily Court List

The daily list of cases to be heard on the Commercial list, including the case name, time, room number and reason for the court appearance, is published online here:
The website is updated each day at 4:30 p.m. to provide the list of cases for the following day. 
Select the following options to obtain the daily list for the Commercial List:
  • Choose Court: Superior Court of Justice
  • Choose a Municipality: Toronto
  • Case Type/Line of Business: Civil
  • Court Location: 330 University Av

Monitors' Websites

A Court Officer appointed in an insolvency proceeding, such as a Monitor or Receiver, maintains a case website, containing relevant documents to the proceeding, including:

      • all Court Orders, Reasons for Decisions and Endorsements;
      • all motion records, including affidavits, books of authorities and facta;
      • trustee reports;
      • notices of claims; and
      • the current version of the E-service list.

Links to the case website hosted by the following Court Officers are provided below:

A list of all companies that have been granted protection under the Companies’ Creditors Arrangement Act since September 18, 2019 with links to the Monitor’s websites is maintained by the Office of the Superintendent of Bankruptcy and can be found here.

Digital Hearing Workspace

The Digital Hearing Workspace Pilot Commercial List is an initiative of the Ministry of the Attorney General under which counsel were required to use the Digital Hearing Workspace online platform to deliver documents electronically to the judicial official and/or other parties or counsel in the matter.
As of May 27, 2019 the initiative entered a new phase which means a return to original business practices for Commercial List users. Users can continue to submit court documents on a USB stick and are no longer required to use the Digital Hearing Workspace. There will be select cases that continue to participate in the proof of concept and users will be contacted directly.
The Practice Advisory with respect to the Digital Hearing Workspace Pilot can be found here.
A step by step guideline (including screenshots) on how to use the Digital Hearing Workspace online platform can be found here.

Paperless Trials

There have been a number of paperless trials and motions on the Commercial List.
The Advocates’ Society has published a helpful Paperless Trial Manual for detailing the technology and staffing requirements and the courtroom logistics for electronic trials involving small, medium and large amounts of documents.
Parties in an electronic trial often agree to an electronic trial protocol at the outset of the action or application. A sample electronic trial protocol is available here.

Commercial List Book of Authorities

On the Superior Court of Justice website, you will find the Commercial List Book of Authorities. It contains cases frequently relied on and has been developed and approved for use in matters assigned to the Toronto Commercial List.
We have reproduced it as a bookmarked PDF that you can download here.

Other Resources

Counsel may find the following materials from The Advocates’ Society with respect to Civil Trials, the Principles of Civility for Advocates, and Communications with Testifying Experts helpful as they practice on the Commercial List.



Archived Newsletters

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