Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

29A.02 Where a party seeks the appointment of a Case Management Judge pursuant to section 551.1 of the Code, he or she must serve and file a Notice of Application briefly setting out:

• (a) why the appointment would be “necessary for the proper administration of justice” in the case, and,

• (b) the jurisdiction the Case Management Judge may exercise in the case having regard to section 551.3 of the Code.

29A.03 The Notice of Application must be served on:

• (a) counsel, on behalf of all the parties in the case in which the application is being brought, and,

• (b) the accused, where the accused does not have counsel of record in the case in which the application is being brought,

and must also be filed with the trial coordinator, at least one clear day before the pre-trial conference or case supervision conference at which the issue of the appointment will be raised.

29A.04 Where no Notice of Application has been filed and the pre-trial or case supervision judge and at least one party agree that a Case Management Judge should be appointed, the judge may require one party to prepare the Notice of Application.

• 29A.05 (1) Where no Notice of Application has been filed, the judge conducting the pre-trial conference or case supervision conference may waive compliance with the Notice of Application requirement where:

  • (a) the judge is the Regional Senior Judge, or,

  • (b) his or her designate for the appointment of a Case Management Judge.

• (2) Where subrule (1) applies, the presiding judge shall endorse the indictment or prepare a separate endorsement setting out:

  • (a) why the appointment is “necessary for the proper administration of justice”, and,

  • (b) the jurisdiction of the Case Management Judge is permitted to exercise in the case having regard to section 551.3 of the Code.

29A.06 A copy of the Notice of Application, or a copy of the endorsement where subrule 29A.05(2) applies, shall be provided by the pre-trial or case supervision judge to the Regional Manager of Judicial Services.

29B.01 The appointment of judges to determine issues that are to be adjudicated in related trials shall be governed by the provisions of section 551.7 of the Criminal Code and rules 29B.02 – 29B.08.

29B.02 Where a party seeks the appointment of a judge to determine issues that are to be adjudicated in related trials pursuant to section 551.7 of the Criminal Code, he or she must serve and file a Notice of Application briefly setting out:

• (a) why the appointment would be “in the best interests of the administration of justice, including ensuring consistent decisions”;

• (b) the “common issues” that would be adjudicated by the judge;

• (c) the related trials;

• (d) the jurisdiction in which those prosecutions were commenced; and,

• (e) whether there has been a committal for trial in the other trials.