Resources

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.

COVID-19 Court & Tribunal Updates

OBA COVID-19 Response and Recovery Resource – Here you can find the latest sector updates and news related to court re-openings.

COVID-19 Active Screening Protocol – For those attending a courthouse in Ontario, there is an online COVID-19 courthouse screening protocol in effect. Answering the screening questions is a prerequisite for all persons seeking to enter a courthouse. All visitors are required to present their screening result to designated entrance monitors as they enter the courthouse. In addition, precautionary measures have been implemented at the courthouse. Watch this video for an idea of what to expect.

Commercial List – The Commercial List Users’ Committee provided an important announcement regarding changes to Commercial List operations in light of COVID-19. On May 5, 2020, the Commercial List Users’ Committee provided further updates to the changes. A new practice direction regarding the filing of documents for the Commercial List has been issued and is effective immediately for any matters with a hearing date on or after Monday, August 17, 2020. Effective March 15, 2021, references to uploading documents to Sync.com have been removed as the court will exclusively use the CaseLines document-sharing platform.

Canadian Judicial Council – Contains websites of courts in each province and territory, Federal Courts, the Tax Court of Canada, and the Supreme Court of Canada, as well as links to press releases and practice directions from each court as it relates to COVID-19.

Ontario’s Ministry of Attorney General’s Court Services Division – Effective Monday, March 23, 2020, the Court Services Division asks members of the legal profession and members of the public not to attend courthouses in person at this time, unless they are required to be in court for a hearing or to make an urgent filing in a civil, criminal or family matter. 

Ontario Superior Court of Justice – On April 20, 2021, the Court provided an updated Notice to the Profession and Public Regarding Court Proceedings. In view of the strengthened stay-at-home order and the critical situation with the pandemic, the Court will defer as many matters as possible to reduce the number of court staff, counsel or parties required to leave their homes to participate in court proceedings. A previous notice dated April 8, 2021 states that there will be no in-person hearings until May 6, 2021.

Court of Appeal for Ontario – On March 15, 2021, the Court released a new Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic. It replaces all of its previous directions and notices applicable during COVID and takes effect on March 29. This practice direction provides guidance on preparation of electronic materials, electronic service and filing and scheduling and conduct of hearings.

Federal Court of Canada – On June 25, 2020 the Federal Court of Canada issued an Updated Practice Direction and Order (COVID-19). The Consolidated COVID-19 Practice Direction can be found here. Additional information on practice direction and FAQs from the Federal Court can be found here. On May 21, the Federal Court issued a direction (prepared jointly by the parties) that includes the protocol for an upcoming virtual trial. The direction can be found here.

Federal Court of Appeal – The Federal Court of Appeal provides further updates in light of COVID-19. On April 15, 2020 the Court provided direction on the management of court files during the COVID-19 suspension period. The suspension period initially set out in the Notice to the Parties and the Profession dated March 19, 2020 has been further extended to June 15, 2020.

April 27 Order of Morawetz CJ in Re Podgurski – Order extending timelines in relation to active commercial proposals, active consumer proposals, and active bankruptcy files until June 30, 2020.

Ontario Securities Commission – Provides updates on the latest developments of the impact of COVID-19 capital markets for investors, information on relief from regulatory requirements, and information about the status of proceeding.

Tribunals Ontario – Details a new policy Tribunals Ontario is implementing to reschedule in-person hearings, arrange for alternative hearing options, and closing all front-line counter services.

COVID-19 Emergency Orders

Canada Gazette Publications – Contains a list of official publications of Government of Canada Orders in Council, including Public Health Agency of Canada orders made to minimize the spread of COVID-19.

Emergency Management and Civil Protection Act and Emergency Orders

Below is a summary of emergency orders of particular significance to the legal profession.

OReg 50/20: Declaration of Emergency – Declaration of emergency due to COVID-19.

OReg 51/20: Emergency Order – Ordering closure of indoor recreational programs, public libraries, private schools, child care centres, all bars and restaurants except to the extent that they provide takeout and delivery, theatres, and convert venues. 

OReg 73/20: Emergency Order – Ordering the suspension of limitation periods for the duration of the emergency, retroactive to March 16, 2020. 

OReg 74/20: Emergency Order – Order authorizing health service providers to take any reasonably necessary measure with respect to work deployment and staffing to respond to COVID-19.

OReg 82/20: Emergency Order – Provides details of provincial government order for closure of non-essential services and a link to the list of non-essential services. Effective April 4, 2020, the government ordered the extension of business closures and provided an updated essential businesses list. Read the update here.

OReg 98/20: Emergency Order – Order prohibiting the sale of “necessary goods” at an unconscionable price, including masks and gloves, non-prescription medications for the treatment of COVID-19, disinfecting agents, and personal hygiene products.

OReg 104/20: Emergency Order – Ordering the closure of outdoor recreational amenities, including outdoor sports facilities, dog parks, and picnic areas.

OReg 106/20: Emergency Order – Order renewing and extending the revocation dates for other orders.

OReg 114/20: Emergency Order – Order giving police officers the power to require an individual who on reasonable and probable grounds is suspected of violating an emergency order to provide the officer with the individual’s name, date of birth, and address.

OReg 120/20: Emergency Order – Order authorizing the disclosure by a personal health information custodian of whether a person has contracted COVID-19 upon the request of police officers, firefighters, paramedics, and others. 

OReg 129/20: Emergency Order – Order authorizing the signing and witnessing of wills and powers of attorney via audi-visual communication technology for the duration of the emergency.

OReg 132/20: Emergency Order – Order permitting police forces to authorize officers to use force in the performance of their duties and carry a firearm despite any other law. 

OReg 241/20: Emergency Order – Order setting out rules for the payment of temporary pandemic pay by the Government of Ontario to eligible employees. 

OReg 263/20: Emergency Order – Order permitting specified businesses to reopen during the emergency subject to certain conditions.  

Coronavirus (COVID-19) Support and Protection Act, 2020, S.O. 2020, c. 6. – Legislation amending certain provisions of the Developmental Charges Act, the Education Act, the Police Services Act, the Planning Act and the Ministry of Training, Colleges and Universities Act.

COVID-19 Response and Reforms to Modernize Ontario Act, 2020, S.O. 2020, c. 7. – Legislation amending certain provisions of the Business Corporations Act, the Commissioners for Taking Affidavits Act, the Limited Partners Act, the Notaries Act, and other statutes.

City of Toronto Bylaws – Contains information about emergency orders issued by the Mayor and the Medical Officer of Health.

COVID-19 Emergency Orders

Canada Gazette Publications – Contains a list of official publications of Government of Canada Orders in Council, including Public Health Agency of Canada orders made to minimize the spread of COVID-19.

Emergency Management and Civil Protection Act and Emergency Orders

Below is a summary of emergency orders of particular significance to the legal profession.

OReg 50/20: Declaration of Emergency – Declaration of emergency due to COVID-19.

OReg 51/20: Emergency Order – Ordering closure of indoor recreational programs, public libraries, private schools, child care centres, all bars and restaurants except to the extent that they provide takeout and delivery, theatres, and convert venues. 

OReg 73/20: Emergency Order – Ordering the suspension of limitation periods for the duration of the emergency, retroactive to March 16, 2020. 

OReg 74/20: Emergency Order – Order authorizing health service providers to take any reasonably necessary measure with respect to work deployment and staffing to respond to COVID-19.

OReg 82/20: Emergency Order – Provides details of provincial government order for closure of non-essential services and a link to the list of non-essential services. Effective April 4, 2020, the government ordered the extension of business closures and provided an updated essential businesses list. Read the update here.

OReg 98/20: Emergency Order – Order prohibiting the sale of “necessary goods” at an unconscionable price, including masks and gloves, non-prescription medications for the treatment of COVID-19, disinfecting agents, and personal hygiene products.

OReg 104/20: Emergency Order – Ordering the closure of outdoor recreational amenities, including outdoor sports facilities, dog parks, and picnic areas.

OReg 106/20: Emergency Order – Order renewing and extending the revocation dates for other orders.

OReg 114/20: Emergency Order – Order giving police officers the power to require an individual who on reasonable and probable grounds is suspected of violating an emergency order to provide the officer with the individual’s name, date of birth, and address.

OReg 120/20: Emergency Order – Order authorizing the disclosure by a personal health information custodian of whether a person has contracted COVID-19 upon the request of police officers, firefighters, paramedics, and others. 

OReg 129/20: Emergency Order – Order authorizing the signing and witnessing of wills and powers of attorney via audi-visual communication technology for the duration of the emergency.

OReg 132/20: Emergency Order – Order permitting police forces to authorize officers to use force in the performance of their duties and carry a firearm despite any other law. 

OReg 241/20: Emergency Order – Order setting out rules for the payment of temporary pandemic pay by the Government of Ontario to eligible employees. 

OReg 263/20: Emergency Order – Order permitting specified businesses to reopen during the emergency subject to certain conditions.  

Coronavirus (COVID-19) Support and Protection Act, 2020, S.O. 2020, c. 6. – Legislation amending certain provisions of the Developmental Charges Act, the Education Act, the Police Services Act, the Planning Act and the Ministry of Training, Colleges and Universities Act.

COVID-19 Response and Reforms to Modernize Ontario Act, 2020, S.O. 2020, c. 7. – Legislation amending certain provisions of the Business Corporations Act, the Commissioners for Taking Affidavits Act, the Limited Partners Act, the Notaries Act, and other statutes.

City of Toronto Bylaws – Contains information about emergency orders issued by the Mayor and the Medical Officer of Health.

COVID-19 Legal Resources

Law Society Ontario: COVID-19 Response – Contains updates on the Law Society’s response to COVID-19, including practice management FAQs for licensees, licensing & accreditation information for candidates, and LSO business operations FAQs. 

Law Society of Ontario on Virtual Commissioning – Provides best practice recommendations for virtual commissioning of documents, including the use of digital tools, remote online notarization software, and applicable legislation, caselaw, and ethical opinions related to virtual commissioning.

Canada Revenue Agency COVID-19 Support – Details the fiscal measures taken by the Canada Revenue Agency (CRA) to help Canadians manage their tax and benefit affairs as the COVID-19 situation develops.

Government of Canada’s Temporary Wage Subsidy Program – Provides information about which employers are eligible for the wage subsidy, the amount of the subsidy, how to calculate the subsidy, and other effects on businesses and taxation.

Canada Department of Finance COVID-19 Economic Response Plan – Explains federal government financial assistance to businesses and individuals, including delayed tax filing, deferred income tax payments, a GST credit, wage subsidies for employers, and a business tax credit for small and medium-sized businesses.

Employment and Social Development Canada: COVID-19 Benefits and Services – Outlines the benefits and services available from Employment and Social Development Canada and provides information on how individuals and employers can access their services, including employment insurance, emergency care and support, and child benefit services. 

Canadian Intellectual Property Office – Contains information about CIPO services during the pandemic, including extensions deadlines under the Patent Act and Trademarks Act.

World Intellectual Property Organization – WIPO has announced that the PCT International Bureau has suspended the transmittal on paper of PCT documents and notifications and will only use electronic means.

Ontario Emergency Management and Civil Protection Act, RSO 1990, c. E.9 – Sets out the scope of the Ontario government’s power to declare states of emergency and provides a list of emergency orders under the regulations.

Ontario Bill 186, Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 – Bill amending the Employment Standards Act, 2000, to provide employees with emergency leave without pay, including where the employee is under medical investigation or treatment, in quarantine or isolation, providing care or support to another individual, or affected by travel restrictions. 

Ontario Bill 187, Municipal Emergency Act, 2020 – Bill amending the Municipal Act, 2001 and the City of Toronto Act, 2006 to permit members of municipal councils, local board members, or committees may participate electronically in meetings during emergencies and may be counted for the purposes of quorum.

Ontario’s COVID-19 Action Plan for Vulnerable People – Outlines the Ontario government’s action plan to better protect our most vulnerable and the frontline staff who care for them.

City of Toronto: Economic Support & Recovery Task Force – Announces the Mayor’s Economic and Recovery Task Force, which will identify immediate and longer-term economic recovery strategies for residents and businesses, with a focus on supporting those segments of the economy that are most strongly impacted by COVID-19, such as tourism, hospitality and entertainment. 

COVID-19 Video Conference Attendance Protocol

To assist counsel and litigants, the Court has endorsed a suggested protocol for telephonic and video conference motions on the Commercial List during the COVID-19 period. Click here to view the protocol.

As mentioned in the protocol, please be sure to indicate that the motion is proceeding by videoconference due to the COVID crisis. A sample Notice of Motion can be found here.

For those who require online meeting capacity for their firm meetings, mediations, arbitrations, closings, and client meetings, the OBA is offering virtual boardroom services and more through its Response and Recovery Resource.

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.
The Commercial List Filing Direction contains a new practice direction which is effective immediately for any matters with a hearing date on or after Monday August 17, 2020.  

Commercial List 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:  http://www.ontariocourtdates.ca/.
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 and Remote Hearings

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.

The Superior Court of Justice has released an At-A-Glance Guide to Virtual Hearings. This document contains a compilation of relevant resources and information on virtual hearings in Ontario.

The Joint E-Hearings Task Force of The Advocates’ Society, the Ontario Bar Association, the Federation of Ontario Law Associations, and the Ontario Trial Lawyers Association has published a guide on Best Practices for Remote Hearings to provide direction to anyone who is preparing for and participating in a remote hearing. 

In addition, you can also apply for access to the Court’s WiFi by filling out this form. This is a much faster connection than the free WiFi provided and lasts six months at which point you can apply again.

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.

The Commerical List Statutes Feed

Developed in partnership with Codify Legal Publishing, the Commercial List Statutes Feed is a free subscription to help commercial list litigators across Ontario keep up with the latest legislative changes.

Subscribers to the feed will receive live email updates to all amendments affecting key statutes including the:

  • Bankruptcy and Insolvency Act 
  • Bank Act 
  • Business Corporations Act 
  • Canada Business Corporations Act 
  • Companies’ Creditors Arrangement Act 
  • Limited Partnerships Act 
  • Pension Benefits Act
  • Securities Act
  • Winding-up and Restructuring Act
  • Credit Unions and Caisses Populaires Act

Codify's technology constantly monitors dozens of sources across the Canadian legislative landscape, completing two sweeps a day in order to provide subscribers with the most timely updates. 

You can subscribe to the feed by clicking here

Commercial List Year in Review 2020

To better understand the work of the Court, we have undertaken a data analysis on all of the Commercial List cases reported on CanLII in 2019 and 2020. These reports describe our data collection method, the analysis of the results, and a review of particular cases in each year. 

Click here to read our latest report.

JUSTICE HAINEY

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