While civil claim e-filing has been available since 2015 in the Ontario Superior Court of Justice, it has been limited to the Small Claims Court Division (i.e. for claims less than $25,000.00). A new pilot project is expanding e-filing for claims above $25,000.00, but there are some limitations (for now). Below is the information you need to know:
WHO can file online?
The pilot project is available to anyone who is initiating a civil claim in the Superior Court of Justice in Brampton, Ottawa, London, Newmarket and Sudbury. Are you a lawyer in Toronto who wants to file in a Toronto court? You will have to wait until November 2017 for the province-wide expansion. **
WHAT can you file online?
Phase 1 of the project is limited to documents required to initiate a civil claim (so not applications). Documents that can be filed online include: Statement of Claim; Notice of Action; Affidavit of Litigation Guardian; Consent; and Written Request or Form 1 Bilingual Proceeding Requisition. These documents represent approximately 10% of the documents that are filed with the court. E-filing is expected to be available for defences and associated documents in May 2018.
WHEN can you start filing online?
E-filing went live on April 24, 2017 for the five jurisdictions above. The website is available 24 hours a day, but if you file after business hours it will be deemed to be filed the next business day.
WHERE do I go to file online?
You go to this website. (It seems really user friendly).
Do we really need to answer this? Because it’s 2017! That’s why.
For more information please see the helpful webcast by the Ontario Bar Association https://www.oba.org/Professional-Development-Resources/Resources/Court-Modernization-Superior-Court-E-Filing-Pilot
**UPDATE** The pilot project was extended to Toronto on July 10, 2017!
SIGN UP FOR OUR NEWSLETTER & HAVE THESE ARTICLES SENT DIRECTLY TO YOU: