All About Estates

Brampton’s Civil Court Procedure – An Update

One of the lasting legacies of the pandemic has been the backlog of cases waiting to be heard. To help address this issue, the court houses themselves have been looking at ways to increase efficiency.

The Superior Court of Justice issued a new Consolidated Civil Provincial Practice Direction for all civil proceedings effective as of June 15, 2023. The practice direction offers guidance on filing materials electronically, proper naming conventions, and etiquette for virtual hearings, among many other topics. In addition, the Brampton court office has adopted new procedures for civil matters designed to lead to a more effective use of court time and resources.

Brampton introduced a 9 am virtual scheduling court (gowning not necessary). Matters heard at scheduling court are limited to:

Establishing timetables – for all steps leading up to, but NOT including, setting down a hearing date. If the parties have not agree to a timetable in advance, the court may assign you one. Note that the deadlines established by court-ordered timetable CANNOT be varied by consent of the parties. If you miss a court-ordered deadline, the Brampton court office will refused to file your materials.

Booking hearing dates – hearing dates will ONLY be given out once all materials served and filed. In this way, there will be fewer “lost” hearing dates (dates which are adjourned shortly before the matter was scheduled to proceed). This new system is also intended to enable parties to book their hearing date in the next few weeks or months, rather than having to schedule a matter a year out.

Booking case conferences to address procedural issues – If you need to vary a court-ordered timetable, or you need to obtain an order giving directions for some other procedural issues (for example, narrowing the issues to be heard at an upcoming hearing), you will likely need to book a case conference: the judge presiding over scheduling court may decline to decide these types of issues.

Brampton has also adopted Calendly, an online booking tool. Regular motions (less than 1 hour) can now be booked through Calendly (all other types of hearing require the parties to attend a scheduling appointment). Among its many advantages, Calendly allows counsel to easily view available dates and coordinate with each other without wasting court time. Information about Calendly, including which regions have adopted its use, can be found here.

These procedural updates appear to be a step in the right direction. Lawyers can do their part by becoming familiar with the new practice directions (links provided above).

About Gillian Fournie
Gillian is a lawyer with de VRIES LITIGATION LLP. Her practice focuses on the area of trusts and estates litigation. More of Gillian's blogs can be found at


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