Commercial List (Ontario Superior Court)

A buyer may come across the Commercial List if the seller’s business is part of commercial litigation in Ontario. The list is part of the Ontario Superior Court of Justice, and the court says it is made up of a team of judges who have experience in managing complex commercial litigation.

Where the term comes from

The court says the Commercial List was established in Toronto in 1991 and that additional information, practice directions and related forms can be found in the practice direction for the Toronto Region. Ontario’s Rules of Civil Procedure also refer to it. Rule 77.02(2)(a) on case management, for example, says that despite rule 77.02(1), Rule 77 does not apply to actions or applications placed on the Commercial List established by practice direction in the Toronto Region. The rules describe it by that practice direction, so the practice direction is the document to read.

What to ask

• Whether the matter is on the Commercial List, and under which court process.
• Whether a court order must approve the sale, and who must be served with it.
• What the practice direction for the Toronto Region requires for this kind of motion.

See buying assets from an insolvent company and approval and vesting order.