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

Regulations are current to 2014-04-02 and last amended on 2014-01-01. Previous Versions

Service of Notice of Application

  •  (1) 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 five days before the pre-trial conference or case supervision conference at which the issue of the appointment will be raised.

  • (2) The Notice of Application must also be served on:

    • (a) all counsel in the related cases, and

    • (b) all accused where the accused does not have counsel of record in the related cases,

    and must be filed with the trial coordinator at least five days before the pre-trial conference or the case supervision conference at which the issue of the appointment will be raised.

Judge May Require One Party to Prepare Application

 Where no Notice of Application has been filed and the pre-trial or case supervision judge or a party seek the appointment of a judge to adjudicate the issues in related trials, the judge may:

  • (a) require one party to prepare the Notice of Application, and,

  • (b) give directions with respect to service on counsel or any accused who do not have counsel of record in the related proceedings.

When the Related Trials Are in the Same Region

 Where all related trials are in the same region of the Superior Court of Justice, the Regional Senior Judge or his or her designate shall determine whether a judge should be appointed to adjudicate the issues in related trials.

Where the Related Trials Are in Different Regions

 Where one or more of the related trials are in different regions of the Superior Court of Justice, the application shall be made to the Chief Justice or a judge designated by the Chief Justice to determine the issue.

Waiver of Notice of Application Requirement

  •  (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) all parties are represented at the pre-trial or case supervision conference,

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

    • (c) the judge is the Regional Senior Judge’s designate for the appointment of judges to adjudicate the issues in related trials.

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

    • (a) why the appointment is “in the interests of justice, including ensuring consistent decisions”, and,

    • (b) the issues to be adjudicated by the appointed judge after receiving input from all parties in the related proceedings.

Service to Regional Manager of Judicial Services

 A copy of the Notice of Application, or a copy of the endorsement where subrule 29B.07(2) applies, shall be provided by the pre-trial or case supervision judge to the Regional Manager of Judicial Services.