Court availability and limitation period suspension during COVID-19
In response to the developing COVID–19 Table of contents pandemic, Canadian courts have modified their 02 Supreme Court of Canada (SCC) operations, temporarily closed or introduced 02 limited in-person hearings to urgent matters only, Federal with some exceptions. 03 British Columbia Please note that Ontario and Québec have 04 suspended the running of limitation periods. To Alberta help our clients stay informed, and due to the 06 detailed nature and different directions from each Saskatchewan Province and Territory, we have summarized and 07 attached the relevant links for ease of access to Manitoba updated directions in real time. 08 Ontario The Dentons Litigation and Dispute Resolution 09 group is available to answer questions and address Québec concerns as the situation evolves. We are closely 10 New Brunswick monitoring the COVID-19 situation and will continue 10 to keep our clients updated as the courts provide Nova Scotia more information about their operations. 11 Prince Edward Island 11 Newfoundland & Labrador 12 Yukon 13 Northwest Territories 13 Nunavut
1 • dentons.com Supreme Court of Canada (SCC) following two exceptions: (i) urgent matters, and (ii) matters that need to proceed as previously scheduled On March 16, 2020, the Chief Justice of Canada for exceptional reasons. The Court will determine what announced that hearings scheduled for March 24, constitutes “urgent” and “exceptional” on a case-by- 25, and 26, 2020, are rescheduled tentatively to June case basis. 20201. All other currently scheduled hearings remain on the agenda until further notice. Parties may seek The running of all timelines under orders and directions adjournments or request to appear via teleconference of the Court made prior to March 18, 2020, as well or video link. The press and media will be allowed to as under the Federal Courts Rules, subsection 18.1(2) attend in person. of the Federal Courts Act and paragraph 72(2)(c) of the Immigration and Refugee Protection Act, is being Physical access to the SCC Building will be restricted to suspended until April 17, 2020. All other statutory those persons who are necessary to the proceedings filing deadlines continue to apply. Parties will be able before the SCC. Parties will find information on the to request an extension of time for deadlines set out SCC’s website about modified filing requirements for in other applicable statutes if they are unable to meet court documents. the filing deadlines in light of current circumstances. However, they should refrain from doing so until after Federal the suspension period. Parties are encouraged to use the Court’s e-filing portal to file documents. Federal Court of Canada On March 20, 2020, the Court released an updated On March 13, 2020, the Federal Court issued a practice direction and answers to Frequently Asked statement advising that court facilities will be closed Questions4. to visitors, but would remain open for urgent case- related matters2. All general sittings for the Court from Tax Court of Canada March 16 and March 27, 2020, are cancelled. The Court On March 16, 2020, the Chief Justice of the Tax Court of will continue to hear any urgent motions or requests Canada issued a notice cancelling all judicial activities pursuant to Rule 35 of the Federal Courts Rules by for the weeks of March 16, March 23, to and including teleconference. All other hearings and trials of the March 27, 20205. Parties affected by these cancellations Court previously scheduled to proceed from March 16 will be contacted directly by the Registry staff. to March 27, 2020, are adjourned. Matters scheduled to proceed by way of telephone conference will proceed All Tax Court of Canada offices are closed for the as scheduled. transaction of business from March 16 to March 30, 2020, or until otherwise directed by the Chief Justice of On March 17, 2020, the Federal Court issued a practice the Tax Court of Canada. direction and order that all hearings previously scheduled to be heard between March 17 and April Pursuant to the Tax Court of Canada Rules, the Chief 3 17, 2020, are adjourned . This includes hearings that Justice dispensed with the compliance of any Rule of were scheduled to proceed by way of a telephone the Tax Court of Canada until March 30, 2020, or until conference. The suspension period is subject to the further direction is given.
1 https://decisions.scc-csc.ca/scc-csc/news/en/item/6823/index.do 2 https://www.fct-cf.gc.ca/content/assets/pdf/base/MESSAGE_FROM_THE_FEDERAL_COURT_IN_RESPONSE_TO_ COVID_E.pdf 3 https://www.fct-cf.gc.ca/content/assets/pdf/base/Covid-19%20Practice%20Direction%20and%20Order_FINAL%202020- 0317%20(for%20release).pdf 4 https://www.fct-cf.gc.ca/content/assets/pdf/base/Federal%20Court%20-%20Cour%20f%C3%A9d%C3%A9rale%20 Summary%20&%20FAQ%20COVID-19%20(Eng-fr).pdf 5 https://www.tcc-cci.gc.ca/tcc-cci/pdf/Practice%20Direction%20and%20Order_EN.pdf
2 • dentons.com Federal Court of Appeal The Court remains available to deal with urgent matters in writing or by teleconference. On March 13, 2020, the Chief Justice of the Federal Court of Appeal issued a notice that all hearings All filing deadlines continue to apply. Parties will be scheduled for the weeks of March 16 and 23, 2020, able to request an extension of time for deadlines if remain on the hearing list6. The Court will make use of they are unable to meet the filing deadlines in light of videoconferencing or teleconferencing where possible, current circumstances but are asked to do so once on request. Court operations return to normal. Exceptionally and until April 20, 2020, the Court Martial Appeal Court of On March 16, 2020, the Chief Justice issued a further Canada will accept electronic filing of court documents notice adjourning all hearings scheduled to be heard by email and fax. until April 17, 2020, with the exception of urgent matters that will be heard by teleconference7. The Judicial British Columbia Administrator will contact counsel and parties involved in matters thus adjourned for possible new dates when Generally circumstances permit. On March 20, 2020, each of the Chief Justices issued Registry operations will continue with reduced staff, both a notice of accommodations for the commissioning in Ottawa and in regional offices. Staff will be available to of affidavits for use in court9. Each notice sets out a receive court filings, but expect a significantly decreased procedure by which commissioners can commission level of service. Exceptionally and until April 13, 2020, the affidavits using video conference technology. Court will accept electronic filing of court documents by email. All filing deadlines continue to apply. Parties Supreme Court of British Columbia will be able to request an extension of time for deadlines On March 18, 2020, the Chief Justice of the Supreme set out in the Federal Courts Act or Federal Courts Rules Court of British Columbia issued two notices regarding if they are unable to meet the filing deadlines in light of civil, family and criminal proceedings, suspending all current circumstances but are asked to do so once Court regular court operations, effective March 19, 202010. operations return to normal. All matters scheduled to be heard between March Court Martial Appeal Court of Canada 19 and May 1, 2020, are adjourned, including all trials, conferences and chambers applications or other On March 17, 2020, the Chief Justice of the Court hearings. Matters scheduled after May 1, 2020, must Martial Appeal Court of Canada announced that await guidance from the court11. Registry operations will continue with significantly reduced staff, both in Ottawa and in regional offices8. The court will continue to hear urgent matters, Staff will be available to receive court filings at any of including civil restraining orders, preservation orders, the Court’s registry offices but parties and the public urgent injunction applications and urgent orders in should expect a significantly decreased level of service. the nature of habeas corpus, certiorari, mandamus and
6 https://www.fca-caf.gc.ca/fca-caf/pdf/NOTICE_COVID_19-March_13_2020.pdf 7 https://www.fca-caf.gc.ca/fca-caf/pdf/Notice_COVID_19_March_16_2020_EN.pdf 8 https://www.cmac-cacm.ca/bulletins/documents/CMACC%20Notice%20COVID%2019%20March%2017%202020.pdf 9 Court of Appeal – https://www.bccourts.ca/supreme_court/documents/Notice%20to%20the%20Public%20Re%20Affidavits%20 March%2020%202020%20FINAL.pdf Supreme Court – https://www.bccourts.ca/supreme_court/documents/SC%20-%20Notice%20to%20the%20Public%20Re%20 Affidavits%20March%2020%202020%20FINAL.PDF Provincial Court - https://www.bccourts.ca/supreme_court/documents/Draft%20Notice%20to%20the%20Public%20Re%20 Affidavits%20March%2020%202020%20(PC).pdf 10 Civil and Family - https://www.bccourts.ca/supreme_court/documents/Notice%20of%20Suspension%20of%20Civil%20 and%20Family%20Proceedings%20-%20March%2018,%202020.pdf Criminal - https://www.bccourts.ca/supreme_court/documents/Notice%20of%20Suspension%20of%20Criminal%20 Proceedings%20with%20appendices%20REVISED%20FINAL%20March%2019,%202020.pdf 11 https://www.bccourts.ca/Court_of_Appeal/documents/Notice%20to%20the%20Public%20March%2017%202020%20FINAL.pdf
3 • dentons.com prohibition. Please contact a member of the Dentons Civil Resolution Tribunal Litigation and Dispute Resolution team to determine whether your matter meets the requirements set out in The Civil Resolution Tribunal remains open and the notice. fully operational.
Filing deadlines under the Supreme Court Rules are Alberta suspended until May 1, 2020, but other statutory filing deadlines and limitation periods continue to apply. Court of Queen’s Bench of Alberta Extensions to deadlines under other statutes will be On March 15, 2020, the Alberta Court of Queen’s Bench considered on a case-by-case basis when the announced a suspension of sittings14 and issued Master Court resumes. Order No. 115.
Court of Appeal of British Columbia On March 20, 2020, the court extended the suspension 16 17 On March 17, 2020, the Chief Justice of the Court of of sittings and issued master order No. 2 . Collectively, Appeal of British Columbia issued a notice restricting the announcement and master order No. 2 provide court operations and adjourning all matters scheduled that from March 16 and May 1, 2020, the Court will to be heard between March 18 and May 1, 202012. make no new bookings in any non-emergency or non- Filing and service deadlines for existing matters are urgent matter. All family, civil trials, and justice/masters suspended until May 4, 2020. New notices of appeal or Chambers matters are adjourned. All civil trials currently applications for leave to appeal must be filed within the in progress must be rescheduled. All JDRs, pre-trial required timelines, but all subsequent filing and service conferences, case management bookings, counsel deadlines will be suspended until May 4, 2020. meetings and review officer hearings are cancelled and must be rescheduled. The Court is examining its docket and creating a list on an ongoing basis of matters that must proceed. Clerk offices at all locations remain open to accept filings. However, access is limited to those who must be Provincial Court of British Columbia present, and the Court has suspended all filing deadlines under the Alberta Rules of Court, with the exception On March 19, 2020 (updated March 23, 2020), the of those Rules applicable to the commencement of Provincial Court of British Columbia issued a notice proceedings, including originating applications. adjourning small claims proceedings scheduled to be heard before May 16, 2020.13 According to appendix C of master order No. 2,
In-person filing at all locations is closed, but electronic emergency matters are those in which serious filing is available. consequences to persons or harm to property may arise if the hearing does not proceed, or if there Urgent small claims matters as determined by a judge is a risk of loss of jurisdiction or expiration of an on the record will be heard by telephone, including existing protection or restraining order, including applications regarding outstanding warrants; to but not limited to: orders relating to the pandemic, preserve limitation periods; to extend the time for filing including quarantine orders; injunctions where pleadings where permitted under the Small Claims there is prima facie urgency, including, refusal Rules; and to renew notices of claim.
12 http://www.bccourts.ca/Court_of_Appeal/documents/Notice to the Public March 17 2020 FINAL.pdf 13 https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/NP%2019%20COVID-19%20Suspension%20of%20 Regular%20Court%20Operations.pdf 14 https://www.albertacourts.ca/qb/resources/announcements/covid-19-suspension-of-sittings 15 https://www.albertacourts.ca/docs/default-source/qb/master-order---covid-19.pdf?sfvrsn=ce6f8680_13 16 https://www.albertacourts.ca/qb/resources/announcements/covid-19-extension-of-suspension-of-sittings 17 Master Order No. 2 replaces Master Order No. 1 and remains in full force and effect until further order of the court. https:// www.albertacourts.ca/docs/default-source/qb/master-order-2---covid-19-final.pdf?sfvrsn=fde08680_1
4 • dentons.com of treatment/end of life matters; civil restraining transcripts, factums, extracts of key evidence and orders; preservation orders; and urgent orders in books of authorities falls on or prior to May 4, 2020, the the nature of habeas corpus, certiorari, mandamus deadline is extended by two months.20 Otherwise, all and prohibition. time limits remain in effect and must be respected.
urgent matters are those that do not rise to the Where an appeal has been set for hearing and has not level of the first priority, but must nevertheless been adjourned, the deadlines to order or commence be addressed in a timely way in the context of preparation of the appeal record and transcripts, or a reduction in court services, including, but not for the filing of appeal records, transcripts, factums, limited to receivership/CCAA stay extensions; extracts of key evidence and books of authorities, also Anton Piller or Mareva-type injunctions; and remain in effect and must be respected. freezing orders. Filing deadlines for commencement documents (e.g., Please contact a member of the Dentons Litigation and Notices of Appeal, Applications for Permission to Dispute Resolution team to determine whether your Appeal) are not suspended and continue to apply. matter meets the requirements set out in the notice. Filing deadlines for applications continue to apply. On March 23, 2020, Resolution & Court Administration Services announced that all documents that are Effective March 23, 2020, and unless directed currently being fax filed may be filed via email utilizing a otherwise, duty matters before a single judge will current fax filing account.18 be heard by audio conference, and appeals and applications heard by a three-judge panel will be heard Court of Appeal of Alberta by videoconference or telephone.
On March 16, 2020, the Court of Appeal of Alberta Effective March 25, 2020, until further notice, all issued a notice that, effective March 17, 2020, only documents may be filed by fax or email (in PDF format). those persons necessary to the proceedings (and no The Court’s Case Management Officers remain one ill) should attend before the Court.19 available to consider requests for extensions, fiats and On March 23, 2020, the Court of Appeal issued a notice other administrative directions. that, effective March 25, 2020, where an appeal has not yet been set for hearing, and the deadline to order Provincial Court of Alberta or commence preparation of the appeal record and On March 16, 2020, the Provincial Court of Alberta transcripts or for the filing of appeal records, issued a notice limiting operations, effective March 17, 2020, until further notice. Operations were further limited by notice of the Court, dated March 23, 2020.21
18 https://www.albertacourts.ca/qb/resources/announcements/email-filing-of-court-documents 19 https://www.albertacourts.ca/ca/publications/announcements/notice---covid-19 20 https://www.albertacourts.ca/ca/publications/announcements/notice-to-public-and-profession---covid-19 21 https://www.albertacourts.ca/pc/resources/covid
5 • dentons.com All Provincial Court civil matters, including trials, chambers Provincial Court list applications and pretrial conferences that are scheduled to be heard prior to May 22, 2020, are adjourned sine die On March 20, 2020, the Chief Justice of the Provincial (indefinitely). This applies to all PTCs and chambers list Court of Saskatchewan issued a replacement notice 23 matters, including matters now set to be heard by phone. reducing court operations . Effective immediately, access to courthouses will be restricted to only those Effective immediately we will only be filing urgent persons who are necessary to the proceeding, which / time sensitive documents: civil claims where the includes counsel, litigants, accused, witnesses, support limitation period/date is about to expire; applications workers, treatment court workers, and members of and affidavits for extending time for service of a civil the media. Crown and defense counsel have blanket claim that will soon expire; dispute notes and other time permission to appear by telephone on all matters, sensitive pleadings; notices of appeal; and applications except trials and preliminary hearings. that are of an emergent nature (such as setting aside a judgment where collection proceedings have All circuit court locations are closed until after May commenced, or Landlord/Tenant matters where safety 31, 2020. Docket court proceedings at circuit court is an issue). will be adjourned to dates past May 31, 2020. All 13 permanent provincial court locations will remain open. The Court will determine if the application will be filed, Criminal matters where the accused is in-custody and if and when the hearing will be set. (criminal trials, preliminary hearings, sentencings, and bail hearings) will proceed, whereas matters where the Urgent landlord and tenant matters, and other urgent accused is not in-custody will be adjourned to dates matters will proceed with leave of the Court. after May 31, 2020.
Saskatchewan All Small Claims trials and case management conferences scheduled between March 23 and May 31, Court of Queen’s Bench for Saskatchewan 2020, are adjourned.
On March 19, 2020, the Court of Queen’s Bench Court of Appeal for Saskatchewan for Saskatchewan issued a replacement directive suspending all regular operations, effective March On March 20, 2020, the Chief Justice of Saskatchewan 20, 2020, until further notice22. Only urgent and issued a notice adjusting its operations24. Effective emergency matters will be heard most of which will be March 23, 2020, all matters before a panel of three by telephone or videoconference. Lawyers, accused, judges will be heard either by teleconference, or and persons summoned in criminal proceedings are by videoconference, if available. All matters heard directed not to attend until further notice. For civil by a single judge in chambers will be heard by proceedings, only urgent and emergency matters teleconference or videoconference, if available. will be heard by the court in chambers. The directive The parties may also consent to having an appeal, provides a list of what constitutes an urgent and application, or chambers application decided on the emergency matter. Trials and pre-trial conferences basis of written materials only. The notice specifically scheduled to commence prior to May 31, 2020, are notes that limitation periods prescribed by statute have adjourned. Urgent family law and child protection not changed. matters will be heard by the court. The directive provides a list of what constitutes an urgent family law and child protection matter.
22 https://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/covid-19-update 23 https://sasklawcourts.ca/index.php/home/provincial-court/covid-19-update 24 https://sasklawcourts.ca/index.php/home/court-of-appeal/covid-19
6 • dentons.com Manitoba Court of Appeal of Manitoba
Court of Queen’s Bench of Manitoba On March 16, 2020, the Manitoba Court of Appeal issued a notice suspending all appeal and chamber On March 16, 2020, the Manitoba Court of Queen’s matters up to and including April 17, 2020, with an Bench issued a notice suspending all hearings exception for urgent matters, and matters where all until April 17, 2020, except for emergency or urgent parties consent to having their appeal or chamber matters25. All civil trials are adjourned to a special matter heard based only on written materials filed assignment list presently scheduled for April 16, 2020 at with the court28. Urgent matters to be heard by 1:30 p.m. That date is subject to change. teleconference or by consent in writing.
All contested civil motions and applications presently The registry remains open for filings. The Court of scheduled are adjourned sine die (without a fixed return Appeal will practice flexibility on unsworn documents29. date). Within a week prior to April 16, 2020 (or a later date In order for the Registry to accept the documentation, subject to evolving information in respect to this virus), the lawyer will have to undertake to file, prior to the the Court will advise how counsel or a party may contact hearing date, an original of the documentation that the civil motion coordinator to schedule a new date. complies with the formal requisites, failing which the party would not be entitled to rely on it or would be The Registry will remain open for filing. required to withdraw it. On March 17, 2020, the Master’s Court issued a notice On March 18, 2020, the Manitoba Court of Appeal suspending all hearings until April 17, 202026. issued an additional notice confirming that any and all 30 Provincial Court of Manitoba statutory deadlines continue to be in force .
On March 18, 2020, the Provincial Court of Manitoba The Court of Appeal will be emailing copies of its 31 issued a notice canceling the federal dockets that sit released judgements to all parties . The only exception on Mondays at 1:00 in Courtroom 303 and 1:00 the first is when the judgment is released in chambers on and third Thursday of each month in Courtroom 301 certain out-of-custody criminal matters. As a result, until May 1, 202027. Registry staff has been instructed to obtain email addresses from all parties involved in a proceeding. In custody PTC dockets have not been canceled. Email Where a party is represented by counsel, the email requests for adjournment will be accepted. Bail dockets address of counsel will suffice. In the event that a self- have not been cancelled. represented litigant does not have an email address and does not want to pick up his/her copy, the judgment Out of custody trial and dispositions dates have been will be mailed to all parties. cancelled until May 1, 2020.
25 http://www.manitobacourts.mb.ca/site/assets/files/1964/covid-19_notice_march_16_2020.docx 26 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_of_closures_due_to_covid_masters-19_march_2020_-_dup_orig.pdf 27 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_-_provincial_court_-_covid-19_march_18_2020.pdf 28 http://www.manitobacourts.mb.ca/site/assets/files/1964/ca_covid_notice_march_16_2020.pdf 29 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_flexibility_on_unsworn_documents.pdf 30 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_on_filing_deadlines.pdf 31 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_of_change_of_judgment_release_procedure.pdf
7 • dentons.com Ontario On March 16, 2020, the Commercial List released a notice summarizing changes to its operations35. The On March 20, 2020, the Ontario government, through notice provides that the judges of the Commercial the Lieutenant Governor in Council, made an order List will continue to hear and decide urgent and time under section 7.1 of the Emergency Management and sensitive matters by teleconference. The scheduling Civil Protection Act32 suspending limitation periods office will continue to operate during the closure. and procedural time periods for the duration of the Counsel with matters already scheduled will be emergency33. The suspension is retroactive to March contacted directly regarding adjournments to after 16, 2020. The current duration of this unprecedented June 1. The adjournment will be subject to counsel’s limitation period suspension is unknown. indication that the matter is urgent or time sensitive. The court will also hear matters where there are This suspension of limitation periods applies to any immediate and significant financial repercussions. The provision of any statute, regulation, rule, by-law or order judges will use their discretion to determine whether of the Government of Canada establishing a limitation the matter should be heard urgently. period, or any period of time within which any step must be taken in any proceeding in Ontario. In practical On March 16, 2020, the Chief Justice of the Ontario terms, litigants will not be barred from bringing claims Superior Court of Justice issued a notice regarding forward due to a limitation period running out as of small claims court sittings36. The notice suspends all March 16, 2020, onwards. Defendants and respondents sittings of the Ontario Small Claims Court until further will not be able to raise limitation as a defence during notice. This includes trials, settlement conferences, this specific time of suspension. motions, and assessment hearings, among others.
We anticipate the courts will provide adequate notice Ontario Court of Justice before lifting this suspension so litigants can ensure compliance with limitation periods in the future. On March 15, 2020, the Chief Justice of the Ontario Court of Justice issued a directive to reduce the Superior Court of Justice number of people who attend court for criminal, family, and Provincial Offences Act37 matters. On March 20, On March 15, 2020, the Chief Justice of the Ontario 2020, the directive was revised and extended38. The Superior Court of Justice issued two notices regarding directive instructs parties to avoid attending the court civil, family and criminal proceedings34. The notices between March 20 and May 29, 2020, unless involved suspend all regular operations, effective March 17, 2020, in an urgent criminal or urgent family court appearance. and until further notice. All criminal, family and civil Simultaneously, the Chief Justice also made an order matters scheduled to be heard on or after March 17, under section 85 of the Provincial Offences Act 2020, are adjourned, which includes all telephone and extending time periods and adjourning all matters videoconference appearances. The court will continue scheduled for March 16 through April 3, 202039. to hear urgent matters during this emergency period. The notice identifies certain urgent and emergency civil and family matters that the court will accept.
32 RSO 1990, c E.9. 33 Doc #45,363,873. 34 https://www.ontariocourts.ca/scj/covid-19-suspension-fam/ https://www.ontariocourts.ca/scj/covid-19-suspension-crim/ 35 Doc #45,362,405. 36 https://www.ontariocourts.ca/scj/suspension-small-claims-ops/ 37 RSO 1990, c P.33. 38 https://www.ontariocourts.ca/ocj/covid-19/ 39 https://www.ontariocourts.ca/ocj/files/POAs85OrderMarch15.pdf
8 • dentons.com Court of Appeal for Ontario statement provides that civil matters (regular and small claims) are suspended until adjourned to a later date. The Court of Appeal for Ontario issued a notice to the The statement also lists urgent requests that will be profession, effective March 17, 2020, suspending all heard during the suspension. scheduled appeals until April 13, 202040. Where appeals are urgent, they will be heard based on either the Superior Court of Québec written materials or remotely. Other appeals scheduled On March 20, 2020, the Superior Court of Québec to be heard during the suspension may also request extended the suspension initially announced on March that their appeal be heard in writing. 16, 202044. The extended suspension covers the Québec period from March 16 to May 1, 2020, inclusively. The court remains available for hearings respecting urgent On March 15, 2020, the Ministère de la Justice du matters vetted by the court. Québec and the Québec Chief Justice made an Court of Appeal of Québec
40 https://www.ontariocourts.ca/coa/en/notices/notice.htm 41 CCQ-1991. 42 http://www.tribunaux.qc.ca/c-quebec/Actualites/2020/Arrete_n_2020-4251.pdf 43 http://www.tribunaux.qc.ca/mjq_en/c-quebec/Communiques/PlanContinuiteServicesCQ.pdf 44 http://www.tribunaux.qc.ca/c-superieure/avis/Communique_COVID-19_-_Districts_Quebec.docx 45 https://courdappelduquebec.ca/en/news/details/postponement-of-hearings-at-the-court-of-appeal-1/ 46 https://courdappelduquebec.ca/en/news/details/covid-19-postponement-of-hearings-of-the-court-of-appeal-in-montreal-weeks- of-march-16-2020-mar/
9 • dentons.com New Brunswick Provincial Court
51 Generally The notice also indicates that all criminal trials scheduled between March 23 and May 31, 2020, On March 16, 2020, the New Brunswick Courts issued where the accused is not in custody, are adjourned, a notice restricting access to the courthouses in unless otherwise ordered. Accused persons scheduled New Brunswick to persons who are necessary to the for appearance from March 23 and May 31, 2020, proceedings before the courts, which includes counsel, must contact the court office to setup a telephone litigants, accused, witnesses, victim service workers conference with a judge. There are no in-person and the media47. appearances at this time.
Court of Queen’s Bench of New Brunswick Nova Scotia The notice48 provides that all jury trials are adjourned Nova Scotia Court of Appeal until further notice. All small claims court matters are adjourned. All non-essential or non-urgent matters On March 16, 2020, the Chief Justice of the Nova are adjourned until further notice. However, matters Scotia Court of Appeal directed that all appeals considered in chambers are uninterrupted. The notice scheduled for the March/April term are adjourned52. lists matters deemed essential and urgent. The court further advised that it will review the docket to determine whether exceptional circumstances Court of Appeal of New Brunswick warrant a hearing without the parties or counsel having The notice49 further states that all motions and status to appear in person. hearings are uninterrupted but heard by telephone Nova Scotia Supreme Court conference. Appeals scheduled from March 16 to March 18, 2020, are adjourned until further notice. The On March 13, 2020, the Nova Scotia Supreme Court court is testing its technological capabilities so appeal issued a directive suspending all jury trials for a 60-day hearings can occur remotely. Litigants claiming urgency period53. Certain preventive measures were adopted may request a hearing before a single judge for a on March 15 and 16, 202054, but were further extended determination as to urgency. on March 19, 202055. The latest directive provides that trials that are underway will continue, but all other On March 19, 2020, the Chief Justice of the Court of proceedings will be limited to those deemed urgent Appeal of New Brunswick issued a directive dealing with or essential. Judges and counsel are encouraged filing deadlines50. Specifically, any procedure having to be to consider whether alternative measures, such as taken under Rules 62 and 63 of the Rules of Court while telephone or videoconferencing, are appropriate. The the directive is in effect, may be filed or taken up to 30 days measures are in place until further notice. from the date upon which the directive is revoked. Note, however, that the directive does not apply to the filing of Nova Scotia Provincial Court any notice of appeal or notice of motion for leave to appeal where the time for doing so is expressly set by statute On March 16, 2020, the Nova Scotia Provincial Court without any discretion for a judge to extend the time limit. issued a notice advising that certain measures were being put in place to limit the number of individuals inside courtrooms by staggering appearances,
47 https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/NB-Courts.pdf 48 https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/NB-Courts.pdf 49 https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/NB-Courts.pdf 50 https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/2020-03-19-Directiverefilingdocuments.pdf 51 https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/NB-Courts.pdf 52 https://www.courts.ns.ca/News_of_Courts/documents/NSCA_Measures_03_16_20.pdf 53 https://www.courts.ns.ca/News_of_Courts/documents/JuryTrialsSuspended_NR_03_13_20.pdf 54 https://www.courts.ns.ca/News_of_Courts/documents/Supreme_Court_COVID_19_NR_03_15_20.pdf 55 https://www.courts.ns.ca/News_of_Courts/documents/NSSC_Essential_Services_Model_03_19_20.pdf
10 • dentons.com rescheduling matters, and making use of video Newfoundland & Labrador technology56. Effective March 17, 2020, and until further notice, access to Provincial Courts is restricted to only Supreme Court of Newfoundland & Labrador those persons who are necessary to the proceedings On March 18, 2020, the Chief Justice of the Supreme before the court. Matters presently before the Provincial Court of Newfoundland & Labrador issued a notice Court are being adjourned to after May 31, 2020. limiting all regular operations, effective March 18, 2020, The court implemented further restrictions on March until further notice61. Only essential public service 18, 2020 (to be effective March 19)57. The restrictions is being maintained. Specifically, all criminal, family prohibit the public from attending the court unless and civil matters scheduled for March 18, 2020, are the matter is in relation to an in-custody or urgent adjourned. All jury trials are suspended until further criminal matter, or an urgent family law or child / adult notice. The notice lists certain criminal, civil and family protection matter. matters that the court will hear. The notice also grants extensions of time for filings of non-urgent matters. On March 20, 2020, the Chief Judge of the Provincial and Family Courts directed all staff justices of the peace On March 20, 2020, the court issued an updated notice to extend fine payment deadlines 90 days beyond the with further information regarding statutory deadlines existing due dates58. and limitation periods62. The court accepts electronic filings (via email or fax) where statutory deadlines and Prince Edward Island limitation periods are imminent. Issued documents will be faxed/emailed back to the requisitioning litigant. On March 16, 2020, the Prince Edward Island Courts Affidavits may be filed unsworn/unaffirmed, but issued a notice suspending all in-person court affiants may be required to participate in a telephone appearances and matters, other than for urgent or or videoconference hearing to swear/affirm to facts 59 emergency matters . Urgent matters will be heard in contained therein. a manner and forum determined by the court, which includes the possibility of hearings by way of telephone Provincial Court of Newfoundland & Labrador or videoconference. These measure are in place until On March 17, 2020, the Provincial Court of further notice. Newfoundland & Labrador issued a notice limiting On March 18, 2020, the Prince Edward Island Courts all regular operations, effective March 16, 2020, until issued an updated notice adjourning all non-essential further notice63. Accused persons not in custody with a matters (case management conference calls, pre- criminal court appearance scheduled from March 16 to motion conferences, settlement conferences, pre-trial May 22, 2020, do not need to attend court. Civil matters conferences, and trials (including Small Claims trials))60. set to proceed from March 16 to May 22, 2020, are The Charlottetown and Summerside courthouses adjourned indefinitely until rescheduled. Non-urgent remain open for filing of documents. Filing by fax family matters set to be heard from March 16 to May remains the preferred method for filing at this time. 22, 2020, are adjourned 10 weeks from the scheduled court date.
56 https://www.courts.ns.ca/News_of_Courts/documents/NSPC_Measures_03_16_20.pdf 57 https://www.courts.ns.ca/News_of_Courts/documents/COVID_Prov_Court_Update_03_18_20.pdf 58 https://www.courts.ns.ca/documents/Fines_Defaults_NR_03_20_20.pdf 59 https://www.courts.pe.ca/sites/www.courts.pe.ca/files/2020-03/Covid-19%20March%2016%202020_0.pdf 60 https://www.courts.pe.ca/sites/www.courts.pe.ca/files/2020-03/COVID%2019%20-%20UPDATE%20MARCH%2018%2C%202020.pdf 61 https://court.nl.ca/supreme/pdf/2020%2003%2018%20-%20Notice%20to%20the%20Profession%20-%20COVID-19%20 Preventative%20Measures.pdf 62 https://court.nl.ca/supreme/pdf/2020%2003%2020%20-%20Notice%20to%20the%20Profession%20and%20General%20 Public%20-%20COVID-19%20Preventative%20Measures.pdf 63 https://court.nl.ca/provincial/COVID-19_Operational_Plan-Provincial_Court.pdf
11 • dentons.com On March 22, 2020, the court revised the notice64. The be by videoconference. For urgent or emergency civil or revision states that, effective March 23, 2020, public family matters, lawyers may contact the trial coordinator access to the court will be restricted. Main doors will be for a telephone case management conference with a locked with local courthouse contact information posted. judge to determine if the matter may proceed.
Court of Appeal of Newfoundland & Labrador Territorial Court of Yukon
On March 18, 2020, the Chief Justice of Newfoundland On March 17, 2020, the Chief Justice of the Territorial & Labrador issued a notice limiting all regular Court of Yukon announced several measures to assist operations, effective March 18, 2020, until further with containing the spread of Covid-1967. Until further notice65. Only essential public service is being notice, no members of the public will be permitted in maintained. Physical access to the court is restricted courtrooms unless required for a court matter, which to all unnecessary participants. All currently scheduled includes counsel, parties, witnesses, Probation Officers, appeals are suspended until further notice. The Crown Witness Co-ordinators, Victim Services Workers, court further advised that it will review the docket support workers, or other similar persons, and the to determine whether matters must proceed due to media. All non-urgent small claims court matters are urgent or exceptional circumstances. Filings must be cancelled and shall be scheduled for dates after May submitted electronically. 31, 2020. All cases where the trial, preliminary inquiry, and sentencing is scheduled, and the offender is not in Yukon custody, will be adjourned to June 4, 2020.
Supreme Court of Yukon Court of Appeal
On March 17, 2020, the Supreme Court of Yukon The Court of Appeal has not issued any notices announced that it is closely monitoring the situation regarding Covid-19. Upcoming hearing weeks are May with Covid-19 in Yukon66. The announcement provides 11 to May 15, 2020, and November 16 to November 20, that currently scheduled cases will continue to be heard 202068. We continue to monitor updates from the court. by telephone appearance only. All judicial settlement conferences are adjourned. There are no jury trials set in March, April, or May 2020. All in-custody appearances will
64 https://court.nl.ca/provincial/Revised-COVID-19_Operational_Plan-Provincial_Court.pdf 65 https://www.court.nl.ca/appeal/wp-content/uploads/Notice-to-the-Profession-and-General-Public-COA-COVID-19-UPDATED- 500-pm5.pdf 66 http://www.yukoncourts.ca/pdf/SC_Notice_-_Covid-19.pdf 67 http://www.yukoncourts.ca/pdf/covid_19_tc_announcement_mar_17_2020.pdf 68 http://www.yukoncourts.ca/pdf/Court_of_Appeal_Sitting_dates.pdf
12 • dentons.com Northwest Territories otherwise directed. All matters where the accused person is in custody will appear via video-link before the Supreme Court of the Northwest Territories court in Yellowknife as scheduled.
On March 18, 2020, the Supreme Court of the Northwest Court of Appeal for the Northwest Territories Territories issued a replacement directive regarding changes to proceedings and scheduling69. With respect The Court of Appeal has not issued any directives to civil and family matters, these will proceed, but until regarding COVID-19. further notice, counsel and self-represented parties will appear by telephone. Family hearings where witnesses Nunavut are to be called from March 18 to May 1, 2020, are Nunavut Court of Appeal cancelled. All case management conferences will proceed by phone. All judicial settlement conferences On March 18, 2020, the Nunavut Court of Appeal scheduled from March 18 to May 1, 2020, are cancelled, cancelled the sitting on May 12, 2020. The matters are unless they can proceed by phone. adjourned to July 22, 2020.
With respect to criminal matters, the directive provides Nunavut Court of Justice that all sittings outside of Yellowknife scheduled to proceed from March 18 to May 1, 2020, are cancelled. On March 17, 2020, the Nunavut Court of Justice Other hearings scheduled in Yellowknife will proceed suspended regular operations immediately and until 71 with the accused appearing by videoconference. further notice . The suspension of regular operations Regular criminal chambers will proceed (accused is not to be confused with the stoppage of court persons in custody will appear by videoconference). No operations. The court is still operational to ensure the new hearing dates are being scheduled. continued administration of justice in Nunavut. Regular filings are accepted electronically. The court will continue Territorial Court
69 https://www.nwtcourts.ca/en/files/notices-and-directives/sc/COVID%20-%2019%20Supreme%20Court%20Notice%20%20 AS%20OF%20MARCH%2018%2C%20322PM.pdf 70 https://www.nwtcourts.ca/en/files/notices-and-directives/tc/COVID%20-%2019%20Updated%20Notice%20Territorial%20Court. March%2019%202020.pdf 71 http://www.nunavutcourts.ca/index.php/68-flash-news/205-covid-19-jury-update 72 http://www.nunavutcourts.ca/index.php/68-flash-news/206-eco-communities
13 • dentons.com For more information please contact any member of our Litigation and Dispute Resolution team.
Gordon Tarnowsky Q.C. Matthew Fleming Alexandre Toupin Partner Partner Associate D +1 403 268 3024 D +1 416 863 4634 D +1 416 863 4610 [email protected] [email protected] [email protected]
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