On July 1, 2017, changes to the Rules of Civil Procedure (“the Rules”) and to the Consolidated Practice Direction for Divisional Court Proceedings (“Practice Direction”) will take effect. The amendments to the Practice Direction consist of a new Part II concerning motions for leave to appeal to the Divisional Court, while the existing Parts have been renumbered. Under the Rules, as of July 1, rule 62.02 requires that leave to appeal to the Divisional Court from interlocutory orders of a judge of the Superior Court of Justice, under section 19(1)(b) of the Court of Justice Act, shall be obtained from a panel of that court. This change bolsters the existing requirements needed in order to obtain leave which formerly required leave from a single judge other than the judge who made the interlocutory order. Correspondingly, once these changes take effect, three printed copies of the motion materials for leave to appeal from an interlocutory order of a judge are to be filed at the Divisional Court Office in Toronto at Osgoode Hall.
The following links highlight these upcoming changes: