In recent weeks, the Ontario Superior Court has begun scheduling
certain civil hearings to proceed remotely. The Notice to the Profession released on April 2,
2020 and Regional Practice Directions specifically identify
pre-trial conferences as being capable of being heard remotely,
particularly when settlement is a real possibility. Divisional
Court hearings, case conferences and even some contested motions
for class actions and
matters on the Commercial List and Estates List may also be
held.
Different courts and judges have made different determinations
as to whether the consent of all parties is required to proceed by
way of remote hearing. The Divisional Court (e.g. Krizan v Skurdelis) and Commercial
List appear to be inclined to push ahead with previously scheduled
hearings, particularly where all materials have already been filed
with the court. By contrast, even where permitted under the Notice
or applicable Practice Directions, judges may be more inclined
