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 (SCC) operations, temporarily closed or introduced 02-04 limited in-person hearings to urgent matters only, Federal with some exceptions. 04-05 British Columbia Please note that Ontario, British Columbia, 05-08 Alberta and Québec have suspended the Alberta running of limitation periods. To help our clients 08 stay informed, and due to the detailed nature Saskatchewan and different directions from each Province and 09-09 Territory, we have summarized and attached Manitoba the relevant links for ease of access to updated 10-11 Ontario directions in real time. 11-13 The Dentons Litigation and Dispute Resolution Québec group is available to answer questions and 12-3 New Brunswick address concerns as the situation evolves. We are 13-14 closely monitoring the COVID-19 situation and will Nova Scotia continue to keep our clients updated as the courts 14 provide more information about their operations. Prince Edward Island 15 Newfoundland & Labrador 16 Yukon 16 Northwest Territories 17

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 of Canada for exceptional reasons. The Court will determine what announced that hearings scheduled for March 24, 25, constitutes “urgent” and “exceptional” on and 26, 2020, are rescheduled tentatively to June 2020.1 a case-by-case basis.

On March 25, 2020 the Supreme Court of Canada The running of all timelines under orders and directions announced that all cases scheduled for hearing in March, of the Court made prior to March 16, 2020, as well April and May are adjourned, tentatively to the month of as under the Federal Courts Rules, subsection 18.1(2) June. The Court will continue to issue judgements on of the Federal Courts Act and paragraph 72(2)(c) of applications for leave and on appeal for the time being. the Immigration and Refugee Protection Act, is being Until further notice, all media briefings on judgements on suspended until April 17, 2020. All other statutory appeal will only be provided by teleconference.2 filing deadlines continue to apply. Parties will be able to request an extension of time for deadlines set out Physical access to the SCC Building will be restricted to in other applicable statutes if they are unable to meet those persons who are necessary to the proceedings the filing deadlines in light of current circumstances. before the SCC. Court documents must be filed by However, they should refrain from doing so until after e-mail. Parties will find information on the SCC’s website the suspension period. Parties are encouraged to use about modified filing requirements for court documents. the Court’s e-filing portal to file documents.

Federal On March 20, 2020, the Court released an updated practice direction and answers to Frequently Asked Questions.5 of Canada On April 4, 2020, the Court released a replacement On March 13, 2020, the Federal Court issued a statement practice direction superseding the practice direction of advising that court facilities will be closed to visitors, but March 17, 2020.6 The suspension period is being extended 3 would remain open for urgent case-related matters. All by a further four weeks. It now runs from March 16, 2020, general sittings for the Court from March 16 to March 27, through to May 15, 2020. Subject to the exceptions 2020, are cancelled. The Court will continue to hear any described in the practice direction, all hearings that had urgent motions or requests pursuant to Rule 35 of the previously been scheduled to take place during the Federal Courts Rules by teleconference. All other hearings suspension period are adjourned to an undetermined date and trials of the Court previously scheduled to proceed and all general sittings are cancelled. from March 16 to March 27, 2020, are adjourned. Matters scheduled to proceed by way of telephone conference will proceed as scheduled. On March 16, 2020, the Chief Justice of the Tax Court of On March 17, 2020, the Federal Court issued a practice Canada issued a notice cancelling all judicial activities direction and order that all hearings previously for the weeks of March 16, March 23, to and including scheduled to be heard between March 17 and April March 27, 2020.7 Parties affected by these cancellations 17, 2020, are adjourned.4 TThis includes hearings that will be contacted directly by the Registry staff. were scheduled to proceed by way of a telephone On March 23, 2020, all sittings and conference calls conference. The suspension period is subject to the scheduled between March 16, 2020 and May 1, 2020

1 https://decisions.scc-csc.ca/scc-csc/news/en/item/6823/index.do 2 https://decisions.scc-csc.ca/scc-csc/news/en/item/6833/index.do 3 https://www.fct-cf.gc.ca/content/assets/pdf/base/MESSAGE_FROM_THE_FEDERAL_COURT_IN_RESPONSE_TO_COVID_E.pdf 4 https://www.fct-cf.gc.ca/content/assets/pdf/base/Covid-19%20Practice%20Direction%20and%20Order_FINAL%202020- 0317%20(for%20release).pdf 5 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 6 https://www.tcc-cci.gc.ca/tcc-cci/pdf/Practice%20Direction%20and%20Order_EN.pdf 7 https://www.tcc-cci.gc.ca/tcc-cci/pdf/Practice%20Direction%20and%20Order_EN.pdf

2 • dentons.com inclusively are cancelled. The Court will reassess on with Rule 55 of the Federal Courts Rules, and the April 14th whether the judicial sittings schedule will plenary power of the Court to regulate proceedings have to be further altered.8 before it. Rule 6 is varied in all proceedings so that for the purposes of the calculating time under the Rules or All Tax Court of Canada offices are closed for the under any direction or court order, the period March 16, transaction of business until further notice. 2020 to April 17, 2020 inclusive (“the suspension period”) Pursuant to the Tax Court of Canada Rules, the Chief shall not be included in the calculation of time. In other 12 Justice dispensed with the compliance of any Rule words, time will not run during the suspension period. of the Tax Court of Canada until May 1, 2020, or until Documents may still be filed, but due to the reduced staff, further direction is given. this is not encouraged.

The period beginning on March 16, 2020 and ending Those commencing appeals and applications under on May 1, 2020 will be excluded from the computation sections 27 and 28 of the Federal Courts Act are of time under the Tax Court of Canada Rules (General governed by mandatory deadlines. Parties are invited Procedure) all other Rules made under the Tax Court to file appeals and applications within those deadlines. of Canada Act governing the conduct of matters that, The deadlines for commencing appeals or applications pursuant to section 12 of the Tax Court of Canada Act, under other statutes apply and cannot be extended or are under the Tax Court of Canada’s jurisdiction; or varied unless permitted under the terms of and in the an Order or Direction of this Court. As other statutory manner prescribed by those statutes. filing deadlines over which the Tax Court of Canada Registry operations will continue with reduced staff, both has no jurisdiction continue to apply, parties faced in Ottawa and in regional offices. Staff will be available to with a statutory deadline are encouraged to file their receive court filings, but expect a significantly decreased documents, including but not limited to any application level of service. Exceptionally and until April 13, 2020, the for an extension of time, before the expiry of the Court will accept electronic filing of court documents statutory deadline, electronically using the Tax Court by email. All filing deadlines continue to apply. Parties 9 of Canada on-line filing system. will be able to request an extension of time for deadlines set out in the Federal Courts Act or Federal Courts Rules if they are unable to meet the filing deadlines in light of On March 13, 2020, the Chief Justice of the Federal Court current circumstances but are asked to do so once Court of Appeal issued a notice that all hearings scheduled for operations return to normal. the weeks of March 16 and 23, 2020, remain on the hearing list.10 The Court will make use of videoconferencing or Court Martial Appeal Court of Canada teleconferencing where possible, on request. On March 17, 2020, the Chief Justice of the Court On March 16, 2020, the Chief Justice issued a further Martial Appeal Court of Canada announced that notice adjourning all hearings scheduled to be heard Registry operations will continue with significantly 13 untilbefore April 17, 2020, with the exception of urgent reduced staff, both in Ottawa and in regional offices. matters that will be heard by teleconference.11 The Staff will be available to receive court filings at any of Judicial Administrator will contact counsel and parties the Court’s registry offices but parties and the public involved in matters thus adjourned for possible new should expect a significantly decreased level of service. dates when circumstances permit. The Court remains available to deal with urgent matters On March 19, 2020 the Chief Justice issued a notice in writing or by teleconference. suspending deadlines under the rules. In accordance

8 https://www.tcc-cci.gc.ca/tcc-cci_Eng/Index.html 9 https://www.tcc-cci.gc.ca/tcc-cci/pdf/Notice%20to%20the%20Public%20and%20Profession%20-%20March%2023.pdf 10 https://www.fca-caf.gc.ca/fca-caf/pdf/NOTICE_COVID_19-March_13_2020.pdf 11 https://www.fca-caf.gc.ca/fca-caf/pdf/Notice_COVID_19_March_16_2020_EN.pdf 12 https://www.fca-caf.gc.ca/fca-caf/pdf/Notice-Covid-19-EN-deadlines-March-18-2020-FINAL.pdf 13 https://www.cmac-cacm.ca/bulletins/documents/CMACC%20Notice%20COVID%2019%20March%2017%202020.pdf

3 • dentons.com All filing deadlines continue to apply. Parties will be effective March 19, 2020.16 All matters scheduled able to request an extension of time for deadlines if to be heard between March 19 and May 1, 2020, they are unable to meet the filing deadlines in light of are adjourned, including all trials, conferences and current circumstances but are asked to do so once chambers applications or other hearings. Matters Court operations return to normal. Exceptionally and scheduled after May 1, 2020, must await guidance until April 20, 2020, the Court Martial Appeal Court of from the court.17 Canada will accept electronic filing of court documents by email and fax. The Court will continue to hear urgent matters, including matters relating to public health and safety and COVID-19, civil restraining orders, preservation British Columbia orders, urgent injunction applications and urgent orders On March 20, 2020, (revised March 27, 2020) each of the in the nature of habeas corpus, certiorari, mandamus Chief Justices issued a notice of accommodations for and prohibition. the commissioning of affidavits for use in court.14 Each On April 2, 2020, the Court clarified that the scope notice sets out a procedure by which commissioners can urgent matters includes insolvency matters, and commission affidavits using video conference technology. provided a list of specific examples.18 Please contact Effective March 26, 2020, by Ministerial Order M086, a member of the Dentons Litigation and Dispute the Minister of Public Safety and Solicitor General of Resolution team to determine whether your matter British Columbia suspended limitation periods and meets the requirements set out in the notice. mandatory time periods for the commencement of a Effective March 30, 2020, hearings of the Supreme civil or family proceedings.15 Ministerial Order M086 Court of British Columbia will only be scheduled at also granted statutory decision makers the power to the following locations: Vancouver Law Courts; New waive, suspend or extend a mandatory time period Westminster; Victoria; Kamloops; Kelowna; Prince relating to the exercise of their power. The suspension George; and Nanaimo. Hearings will occur by telephone of limitation periods and power of waiver extends until or video where appropriate and available. The Court such time as the state of emergency made March has provided guidance on courtroom procedures for 18, 2020, by the province in respect of the COVID-19 in-person court appearances.19 pandemic expires or is cancelled. Courthouse registries are no longer providing in-person Supreme Court of British Columbia services during the suspension of the Court’s regular On March 18, 2020 (revised March 30, 2020), the operations. However, all courthouses will continue to Chief Justice of the Supreme Court of British Columbia receive documents for any civil/family matters through issued two notices regarding civil, family and criminal e-filing, fax filing, mailing or a new secure drop box. proceedings, suspending all regular court operations,

14 Court of Appeal – https://www.bccourts.ca/supreme_court/documents/Notice%20to%20the%20Public%20Re%20 Affidavits%20March%2020%202020%20FINAL.pdf Supreme Court – https://www.bccourts.ca/supreme_court/documents/SC%20-%20Notice%20to%20the%20Public%20 Re%20Affidavits%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 15 http://www.bclaws.ca/civix/document/id/mo/mo/2020_m086 16 https://www.bccourts.ca/supreme_court/documents/Notice%20of%20Suspension%20of%20Civil%20and%20Family%20 Proceedings%20REVISED%20March%2030,%202020.pdf (Civil and Family) https://www.bccourts.ca/supreme_court/documents/Notice%20of%20Suspension%20of%20Criminal%20Proceedings%20 with%20appendices%20REVISED%20March%2030,%202020.pdf (Criminal) 17 https://www.bccourts.ca/supreme_court/documents/Notice%20-%20Clarification%20re%20Jury%20Trials%20and%20 Rules%20for%20Service%20FINAL%20March%2020,%202020.pdf 18 https://www.bccourts.ca/supreme_court/documents/Notice%20of%20Suspension%20of%20Civil%20Proceedings%20 REVISED%20re%20Insolvency%20April%202%202020.pdf 19 https://www.bccourts.ca/supreme_court/documents/Courtroom_Procedures_for_In_Person_Appearances_March_27_2020.pdf

4 • dentons.com Filing deadlines under the Supreme Court Rules are adjourning small claims proceedings scheduled to be suspended until May 1, 2020. Once the suspension heard before May 16, 2020.21 of limitation periods is lifted, more directions will be provided by the Court. In-person filing at all locations is closed, but electronic filing is available. Court of Appeal of British Columbia Urgent small claims matters as determined by a judge On March 17, 2020 (revised March 30, 2020), the Chief on the record will be heard by telephone, including Justice of the Court of Appeal of British Columbia applications regarding outstanding warrants; to issued a notice restricting court operations and preserve limitation periods; to extend the time for filing adjourning all matters scheduled to be heard between pleadings where permitted under the Small Claims March 18 and May 1, 2020.20 Rules; and to renew notices of claim.

The filing and service deadlines for all existing appeals, Civil Resolution Tribunal existing applications for leave to appeal, or other existing The Civil Resolution Tribunal remains open matters before the Court were suspended, and will start and fully operational. to run again beginning May 4, 2020, except for those matters designated by the Chief Justice as matters that must proceed, or unless otherwise directed. Alberta

Neither the direction of the Chief Justice effective On March 30, 2020, the Minister of Justice and March 18, 2020 nor Ministerial Order No. M086 Solicitor General of Alberta issued Ministerial Order suspends the timelines for taking a step mandated 27/2020, suspending limitation periods from March by court order or direction. 17, 2020 to June 1, 2020, for statutes listed in the ministerial order and related regulations.22 Any period Any notice of appeal or application for leave to appeal of time within which any step must be taken in any that needed to be filed prior to March 26, 2020, is still proceeding or intended proceeding is suspended subject to the usual timeline to initiate. subject to the discretion of the court, tribunal or other decision-maker. The Court is examining its docket and creating a list on an ongoing basis of matters that must proceed. Effective March 30, 2020, access to all courthouses in the province of Alberta will be restricted until further Provincial Court of British Columbia notice. Members of the general public will not be permitted On March 19, 2020 (updated March 23, 2020), the to enter a courthouse unless they belong to a specific Provincial Court of British Columbia issued a notice class, including: parties to the litigation/appeal and their

20 http://www.bccourts.ca/Court_of_Appeal/documents/Notice to the Public March 17 2020 FINAL.pdf 21 https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/NP%2019%20COVID-19%20Suspension%20of%20 Regular%20Court%20Operations.pdf 22 https://open.alberta.ca/publications/ministerial-order-27-2020-justice-and-solicitor-general

5 • dentons.com counsel, witnesses, interpreters, accredited media, and According to Appendix C of Master Order No. 2, persons filing documents.23 On March 25, 2020, with the approval of the Law Society of Alberta, the Court emergency matters are those in which serious consequences to persons or harm to property may of Queen’s Bench of Alberta adopted accommodations arise if the hearing does not proceed, or if there is a for the commissioning of affidavits by video conference risk of loss of jurisdiction or expiration of an existing in circumstances where it is not possible or is medically protection or restraining order, including but not unsafe for the deponent to physically attend before a limited to: orders relating to the pandemic, including commissioner.24 The Court of Appeal adopted the same quarantine orders; injunctions where there is prima accommodations on April 2, 2020.25 facie urgency, including, refusal of treatment/end Court of Queen’s Bench of Alberta of life matters; civil restraining orders; preservation orders; and urgent orders in the nature of habeas On March 15, 2020, the Alberta Court of Queen’s Bench corpus, certiorari, mandamus and prohibition. announced a suspension of sittings26 and issued Master Order No. 1.27 urgent matters are those that do not rise to the level of the first priority, but must nevertheless On March 20, 2020, the court extended the suspension be addressed in a timely way in the context of a 28 29 of sittings and issued master order No. 2. Collectively, reduction in court services, including, but not limited the announcement and Master Order No. 2 provide to receivership/CCAA stay extensions; Anton Piller or that from March 16 and May 1, 2020, the Court will Mareva-type injunctions; and freezing orders. make no new bookings in any non-emergency or non- urgent matter. All family, civil trials, and justice/masters On April 2, 2020, the Court clarified the scope of urgent Chambers matters are adjourned. All civil trials currently matters, including the broad category “time sensitive in progress must be rescheduled. All JDRs, pre-trial Commercial matters where there are immediate and conferences, case management bookings, counsel significant financial consequences which may result if meetings and review officer hearings are cancelled there is no judicial hearing”.30 and must be rescheduled. Please contact a member of the Dentons Litigation and Clerk offices at all locations remain open to accept Dispute Resolution team to determine whether your filings. However, access is limited to those who must be matter meets the requirements set out in the notice. present, and the Court has suspended all filing deadlines under the Alberta Rules of Court, with the exception On March 23, 2020, Resolution & Court Administration of those Rules applicable to the commencement of Services announced that all documents that are proceedings, including originating applications. currently being fax filed may be filed via email utilizing a current fax filing account.31 Counsel may submit signed Master and Justice Consent Orders for processing through email.32

23 https://www.albertacourts.ca/qb/resources/announcements/notice-to-the-public-and-legal-profession-restricted-access- to-courthouses 24 https://www.albertacourts.ca/docs/default-source/qb/npp/npp-2020-02-remote-commissioningbd32ed391b316d6b9fc9ff 00001037d2.pdf?sfvrsn=11a98180_17 25 https://www.albertacourts.ca/docs/default-source/ca/notice---remote-commissioning-of-affidavits---april-2-2020. pdf?sfvrsn=4ded8080_1 26 https://www.albertacourts.ca/qb/resources/announcements/covid-19-suspension-of-sittings 27 https://www.albertacourts.ca/docs/default-source/qb/master-order---covid-19.pdf?sfvrsn=ce6f8680_13 28 https://www.albertacourts.ca/qb/resources/announcements/covid-19-extension-of-suspension-of-sittings 29 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 30 https://www.albertacourts.ca/qb/resources/announcements/definition-of-emergency-urgent-matters 31 https://www.albertacourts.ca/qb/resources/announcements/email-filing-of-court-documents 32 https://www.albertacourts.ca/qb/resources/announcements/processing-of-master-justice-consent-orders-by-email

6 • dentons.com Court of Appeal of Alberta heard by a three-judge panel will be heard by video conference or telephone. On March 16, 2020, the Court of Appeal of Alberta issued a notice that, effective March 17, 2020, only Effective March 25, 2020, until further notice, all those persons necessary to the proceedings (and documents may be filed by fax or email (in PDF format). no one ill) should attend before the Court.33 The Court’s Case Management Officers remain On March 23, 2020, the Court of Appeal issued a available to consider requests for extensions, fiats notice that, effective March 25, 2020, where an appeal and other administrative directions. has not yet been set for hearing, and the deadline to order or commence preparation of the appeal record Provincial Court of Alberta and transcripts or for the filing of appeal records, On March 16, 2020, the Provincial Court of Alberta transcripts, factums, extracts of key evidence and issued a notice limiting operations, effective March books of authorities falls on or prior to May 4, 2020, the 17, 2020, until further notice. Operations were further 34 deadline is extended by two months. Otherwise, all limited by notice of the Court, dated March 23, 2020 time limits remain in effect and must be respected. (revised April 2, 2020).35

Where an appeal has been set for hearing and has not All Provincial Court civil matters, including trials, chambers been adjourned, the deadlines to order or commence list applications and pretrial conferences that are scheduled preparation of the appeal record and transcripts, or to be heard prior to May 22, 2020, are adjourned sine die for the filing of appeal records, transcripts, factums, (indefinitely). By Master Order made April 1, 2020, this extracts of key evidence and books of authorities, also does not apply to electronic hearings conducted with remain in effect and must be respected. prior approval of the Court (including pre-trial and case management conferences).36 Filing deadlines for commencement documents (e.g., Notices of Appeal, Applications for Permission By update dated April 2, 2020, the Court released to Appeal) are not suspended and continue to apply. Practices Notes setting out a process that permits counsel to appear remotely in a number of Edmonton Filing deadlines for applications continue to apply. and Calgary court rooms.37 Effective March 23, 2020, and unless directed otherwise, Effective immediately we will only be filing urgent and/ duty matters before a single judge will be heard by or time sensitive documents: civil claims where the audio conference, and appeals and applications limitation period/date is about to expire; applications

33 https://www.albertacourts.ca/ca/publications/announcements/notice---covid-19 34 https://www.albertacourts.ca/ca/publications/announcements/notice-to-public-and-profession---covid-19 35 https://www.albertacourts.ca/pc/resources/covid 36 https://www.albertacourts.ca/docs/default-source/pc/master-order-relating-to-court’s-response-to-covid-19. pdf?sfvrsn=41f18080_2 37 https://www.albertacourts.ca/pc/resources/covid

7 • dentons.com and affidavits for extending time for service of a civil permission to appear by telephone on all matters, claim that will soon expire; dispute notes and other time except trials and preliminary hearings. sensitive pleadings; notices of appeal; and applications that are of an emergent nature (such as setting aside All circuit court locations are closed until after May a judgment where collection proceedings have 31, 2020. Docket court proceedings at circuit court commenced, or Landlord/Tenant matters where will be adjourned to dates past May 31, 2020. All 13 safety is an issue). permanent provincial court locations will remain open. Criminal matters where the accused is in-custody The Court will determine if the application will be filed, (criminal trials, preliminary hearings, sentencings, and and if and when the hearing will be set. bail hearings) will proceed, whereas matters where the accused is not in-custody will be adjourned to dates Urgent landlord and tenant matters, and other urgent after May 31, 2020. matters will proceed with leave of the Court. All Small Claims trials and case management Saskatchewan conferences scheduled between March 23 and May 31, 2020, are adjourned. Court of Queen’s Bench for Saskatchewan Court of Appeal for Saskatchewan On March 19, 2020, the Court of Queen’s Bench for Saskatchewan issued a replacement directive On March 20, 2020, the Chief Justice of Saskatchewan suspending all regular operations, effective March issued a notice adjusting its operations.40 Effective 20, 2020, until further notice.38 Only urgent and March 23, 2020, all matters before a panel of three emergency matters will be heard most of which will be judges will be heard either by teleconference, or by by telephone or video conference. Lawyers, accused, video conference, if available. and persons summoned in criminal proceedings are All matters heard by a single judge in chambers will directed not to attend until further notice. For civil be heard by teleconference or video conference, if proceedings, only urgent and emergency matters available. The parties may also consent to having an will be heard by the court in chambers. The directive appeal, application, or chambers application decided provides a list of what constitutes an urgent and on the basis of written materials only. The notice emergency matter. Trials and pre-trial conferences specifically notes that limitation periods prescribed by scheduled to commence prior to May 31, 2020, are statute have not changed. adjourned. Urgent family law and child protection matters will be heard by the court. The directive provides a list of what constitutes an urgent family law Manitoba and child protection matter. Court of Queen’s Bench of Manitoba

Provincial Court On March 16, 2020, the Manitoba Court of Queen’s On March 20, 2020, the Chief Justice of the Provincial Bench issued a notice suspending all hearings Court of Saskatchewan issued a replacement notice until April 17, 2020, except for emergency or urgent matters.41 reducing court operations.39 Effective immediately, All civil trials are adjourned to a special access to courthouses will be restricted to only those assignment list presently scheduled for April 16, 2020 persons who are necessary to the proceeding, which at 1:30 p.m. That date is subject to change. includes counsel, litigants, accused, witnesses, support All contested civil motions and applications presently workers, treatment court workers, and members of the scheduled are adjourned sine die (without a fixed return media. Crown and defense counsel have blanket date). Within a week prior to April 16, 2020 (or a later date

38 https://sasklawcourts.ca/index.php/home/court-of-queen-s-bench/covid-19-update 39 https://sasklawcourts.ca/index.php/home/provincial-court/covid-19-update 40 https://sasklawcourts.ca/index.php/home/court-of-appeal/covid-19 41 http://www.manitobacourts.mb.ca/site/assets/files/1964/covid-19_notice_march_16_2020.docx

8 • dentons.com subject to evolving information in respect to this virus), matter heard based only on written materials filed the Court will advise how counsel or a party may contact with the court.44 Urgent matters to be heard by the civil motion coordinator to schedule a new date. teleconference or by consent in writing.

The Registry will remain open for filing. The registry remains open for filings. The Court of Appeal will practice flexibility on unsworn documents.45 On March 17, 2020, the Master’s Court issued a notice In order for the Registry to accept the documentation, suspending all hearings until April 17, 2020.42 the lawyer will have to undertake to file, prior to the Provincial Court of Manitoba hearing date, an original of the documentation that complies with the formal requisites, failing which the On March 18, 2020, the Provincial Court of Manitoba party would not be entitled to rely on it or would be issued a notice canceling the federal dockets that sit required to withdraw it. on Mondays at 1:00 in Courtroom 303 and 1:00 the first and third Thursday of each month in Courtroom On March 18, 2020, the 301 until May 1, 2020.43 issued an additional notice confirming that any and all statutory deadlines continue to be in force.46 In custody PTC dockets have not been canceled. Email requests for adjournment will be accepted. Bail dockets The Court of Appeal will be emailing copies of its 47 have not been cancelled. released judgements to all parties . The only exception is when the judgment is released in chambers on Out of custody trial and dispositions dates have been certain out-of-custody criminal matters. As a result, cancelled until May 1, 2020. Registry staff has been instructed to obtain email addresses from all parties involved in a proceeding. Court of Appeal of Manitoba Where a party is represented by counsel, the email On March 16, 2020, the Manitoba Court of Appeal address of counsel will suffice. In the event that a self- issued a notice suspending all appeal and chamber represented litigant does not have an email address and matters up to and including April 17, 2020, with an does not want to pick up his/her copy, the judgment exception for urgent matters, and matters where all will be mailed to all parties. parties consent to having their appeal or chamber

42 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_of_closures_due_to_covid_masters-19_march_2020_-_dup_orig.pdf 43 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_-_provincial_court_-_covid-19_march_18_2020.pdf 44 http://www.manitobacourts.mb.ca/site/assets/files/1964/ca_covid_notice_march_16_2020.pdf 45 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_flexibility_on_unsworn_documents.pdf 46 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_on_filing_deadlines.pdf 47 http://www.manitobacourts.mb.ca/site/assets/files/1964/notice_of_change_of_judgment_release_procedure.pdf

9 • dentons.com Ontario List will continue to hear and decide urgent and time sensitive matters by teleconference and appropriate On March 20, 2020, the Ontario government, through time sensitive matters in writing. The scheduling office the Lieutenant Governor in Council, made an order will continue to operate during the closure. Counsel under section 7.1 of the Emergency Management and with matters already scheduled will be contacted Civil Protection Act suspending limitation periods directly regarding adjournments to after June 1. The and procedural time periods for the duration of the adjournment will be subject to counsel’s indication emergency.48 The suspension is retroactive to March that the matter is urgent or time sensitive. The court 16, 2020. The current duration of this unprecedented will also hear matters where there are immediate and limitation period suspension is unknown. significant financial repercussions. The judges will use their discretion to determine whether the matter should This suspension of limitation periods applies to any be heard urgently. provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing a limitation On March 16, 2020, the Chief Justice of the Ontario period, or any period of time within which any step Superior Court of Justice issued a notice regarding must be taken in any proceeding in Ontario. In practical small claims court sittings.51 The notice suspends all terms, litigants will not be barred from bringing claims sittings of the Ontario Small Claims Court until further forward due to a limitation period running out as of notice. This includes trials, settlement conferences, March 16, 2020, onwards. Defendants and respondents motions, and assessment hearings, among others. will not be able to raise limitation as a defence during this specific time of suspension. On April 2, 2020, the Chief Justice of the Ontario Superior Court of Justice issued a supplemental notice52 to all We anticipate the courts will provide adequate notice court users on its implementation of processes to expand before lifting this suspension so litigants can ensure its operations regarding civil and family proceedings. compliance with limitation periods in the future. Starting on April 6, matters in addition to “urgent” matters will begin to be heard. The notice provides Superior Court of Justice links to complete lists of civil and family matters that On March 15, 2020, the Chief Justice of the Ontario may be heard in each region. For instance, in Toronto, Superior Court of Justice issued two notices regarding additional civil matters that can be heard are select civil, family and criminal proceedings.49 The notices pre-trial conferences (as defined in the notice), Rule 7 suspend all regular operations, effective March 17, 2020, applications, Rule 7 motions, and other applications/ and until further notice. All criminal, family and civil motions that are proceeding on consent. matters scheduled to be heard on or after March 17, Concurrently, the Divisional Court issued an updated 2020, are adjourned, which includes all telephone and notice53 to the profession advising that, effective video conference appearances. The court will continue April 6, additional matters will be scheduled for remote to hear urgent matters during this emergency period. hearings by telephone and video conference or heard The notice identifies certain urgent and emergency civil in writing. The notice provides a province wide protocol and family matters that the court will accept. for scheduling matters in divisional court anywhere in On March 16, 2020, the Commercial List released a Ontario. Notably, only matters scheduled in accordance notice summarizing changes to its operations.50 The with the notice will be heard. The court’s schedule prior notice provides that the judges of the Commercial to the suspension is effectively suspended until such time as in-person hearings resume.

48 https://www.ontariocourts.ca/scj/files/EMCPA-Order-eng-fr.pdf 49 https://www.ontariocourts.ca/scj/covid-19-suspension-fam/ https://www.ontariocourts.ca/scj/covid-19-suspension-crim/ 50 https://www.ontariocourts.ca/scj/changes-to-commercial-list-operations-in-light-of-covid-19/ 51 https://www.ontariocourts.ca/scj/suspension-small-claims-ops/ 52 https://www.ontariocourts.ca/scj/notice-to-the-profession-the-public-and-the-media-regarding-civil-and-family- proceedings-update/ 53 https://www.ontariocourts.ca/scj/notice-to-the-profession-div/ 10 • dentons.com Québec

On March 15, 2020, the Chief Justice of the Ontario On March 15, 2020, the Ministère de la Justice du Court of Justice issued a directive to reduce the number Québec and the Québec Chief Justice made an order of people who attend court for criminal, family, and under article 27 of the Civil Code of Québec suspending Provincial Offences Act matters. On March 28, 2020, limitation periods and procedural time periods for the 54 the directive was revised and extended. The directive duration of the emergency.58 The Government of Québec instructs parties to avoid attending the court between declared the state of emergency on March 13, 2020. March 20 and May 29, 2020, unless involved in an Limitation periods in urgent civil matters, as determined urgent criminal or urgent family court appearance. by the courts, are not suspended. Simultaneously, the Chief Justice also made an order under section 85 of the Provincial Offences Act On March 30, 2020, the Ministère de la Justice du Québec extending time periods and adjourning all matters and the Québec Chief Justice made an order advising scheduled for March 16 through April 3, 2020.55 litigants that pleadings in civil matters may, during the state of health emergency, be served or notified by Court of Appeal for Ontario technological means, subject to certain conditions.59

The Court of Appeal for Ontario issued a notice to the Court of Québec60 profession, effective March 17, 2020, suspending all scheduled appeals until April 13, 2020.56 Where appeals On March 31, 2020, the Court of Québec issued a are urgent, they will be heard based on either the replacement statement regarding civil and criminal written materials or remotely. Other appeals scheduled matters.61 The statement provides that civil matters to be heard during the suspension may also request (regular and small claims) scheduled to be heard from that their appeal be heard in writing. March 31 to May 31, 2020, are suspended until adjourned to a later date. The statement also lists urgent requests 57 On April 6, 2020, the court issued a practice direction that will be heard during the suspension. regarding the electronic conduct of matters during the health emergency. All matters to be heard on or after April 14, 2020, will be conducted pursuant to the practice direction.

54 https://www.ontariocourts.ca/ocj/covid-19/ 55 https://www.ontariocourts.ca/ocj/files/POAs85OrderMarch15.pdf 56 https://www.ontariocourts.ca/coa/en/notices/notice.htm 57 https://www.ontariocourts.ca/coa/en/notices/covid-19/practice-direction-electronic-conduct.pdf 58 http://www.tribunaux.qc.ca/c-quebec/Actualites/2020/Arrete_n_2020-4251.pdf 59 https://courdappelduquebec.ca/en/news/details/service-and-notification-of-pleadings/ 60 http://www.tribunaux.qc.ca/c-quebec/codiv19/fs_covid19.html 61 http://www.tribunaux.qc.ca/c-quebec/codiv19/PlanContinuiteServicesCQ.pdf

11 • dentons.com Superior Court of Québec­­ May 4 to 8, 2020; May 11 to 15, 2020.67 These hearings are postponed to an undetermined date. On March 27, 2020, the Superior Court of Québec, Québec Division, issued a statement covering all of its New Brunswick districts suspending regular operations from March 16 to May 31, 2020, inclusively62. The court remains available On March 16, 2020, the New Brunswick Courts issued for hearings respecting urgent matters vetted by the court. a notice restricting access to the courthouses in New Brunswick to persons who are necessary to the The Superior Court of Québec, Montréal Division, issued proceedings before the courts, which includes counsel, separate statements for each of its districts. They are litigants, accused, witnesses, victim service workers regularly updated on the court’s website linked below.63 and the media68. Generally, all districts have reduced their regular operations, but are hearing urgent matters as vetted by the court. Court of Queen’s Bench of New Brunswick

Court of Appeal of Québec The notice provides that all jury trials are adjourned until further notice. All small claims court matters are On March 17, 2020, the Court of Appeal of Québec adjourned. All non-essential or non-urgent matters issued a statement postponing all appeals to be heard are adjourned until further notice. However, matters between March 17 and April 3, 202064. On March 19, considered in chambers are uninterrupted. The notice 2020, the court rescheduled the appeals. If an appeal is lists matters deemed essential and urgent. urgent, the court advises litigants to attend in-person to file materials.65 Court of Appeal of New Brunswick

On March 25, 2020, the Court of Appeal of Québec The notice further states that all motions and status issued a statement postponing all appeals to be heard hearings are uninterrupted but heard by telephone from April 6 to 9, 2020; April 14 to 17, 2020; April 20 to 24, conference. Appeals scheduled from March 16 to 2020; and April 27 to May 1, 2020.66 These hearings are March 18, 2020, are adjourned until further notice. The postponed to an undetermined date. Court is testing its technological capabilities so appeal hearings can occur remotely. Litigants claiming urgency On April 7, 2020, the Court of Appeal of Québec issued may request a hearing before a single judge for a a statement postponing all appeals to be heard from determination as to urgency.

62 http://www.tribunaux.qc.ca/c-superieure/avis/Communique_COVID-19_-_Districts_Quebec.pdf 63 http://www.tribunaux.qc.ca/c-superieure/avis/index_avis.html 64 https://courdappelduquebec.ca/en/news/details/postponement-of-hearings-at-the-court-of-appeal-1/ 65 https://courdappelduquebec.ca/en/news/details/covid-19-postponement-of-hearings-of-the-court-of-appeal-in-montreal- weeks-of-march-16-2020-mar/ 66 https://courdappelduquebec.ca/en/news/details/postponement-of-hearings-for-the-weeks-of-april-6-to-9-april-14-to-17- april-20-to-24-and-april-27/ 67 https://courdappelduquebec.ca/actualites/detail/report-des-semaines-daudience-du-4-et-du-11-mai-2020-audiences- devant-une-formation/ 68 https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/NB-Courts.pdf

12 • dentons.com On March 19, 2020, the Chief Justice of the Court of be started during this time. The deadline for making the Appeal of New Brunswick issued a directive dealing with motion for date and directions in Rule 90.25(2) will also be filing deadlines.69 Specifically, any procedure having to be suspended for this period.71 taken under Rules 62 and 63 of the Rules of Court while the directive is in effect, may be filed or taken up to 30 As well, until further notice, Court of Appeal Tele-Chambers days from the date upon which the directive is revoked. and Chambers will be limited to urgent or essential matters, as determined by the Chambers judge. Any Note, however, that the directive does not apply to the matters currently on the Chambers docket will be filing of any notice of appeal or notice of motion for leave reviewed by the current Chambers judge and adjourned to appeal where the time for doing so is expressly set by if they do not meet the urgent or essential threshold. Any statute without any discretion for a judge to extend the matters that do proceed will be done by telephone. time limit. Nova Scotia Supreme Court Provincial Court On March 13, 2020, the Nova Scotia Supreme Court The notice also indicates that all criminal trials scheduled issued a directive suspending all jury trials for a 60-day between March 23 and May 31, 2020, where the accused period.72 Certain preventive measures were adopted on is not in custody, are adjourned, unless otherwise ordered. March 15 and 16, 2020,73 and were further extended on Accused persons scheduled for appearance from March March 19, 2020.74 The latest directive provides that trials 23 and May 31, 2020, must contact the court office to that are underway will continue, but all other proceedings setup a telephone conference with a judge. There are will be limited to those deemed urgent or essential. no in-person appearances at this time. Judges and counsel are encouraged to consider whether alternative measures, such as telephone or video Nova Scotia conferencing, are appropriate. The measures are in place until further notice. Nova Scotia Court of Appeal On March 26, 2020, the Court ordered until further On March 16, 2020, the Chief Justice of the Nova Scotia notice, unless a judge directs otherwise, the Supreme Court of Appeal directed that all appeals scheduled Court, including the Family Division, will no longer accept 70 for the March/April term are adjourned. The Court hard copies of documents at courthouses. Instead, further advised that it will review the docket to determine parties should email or fax those documents that need to whether exceptional circumstances warrant a hearing be filed in relation to urgent and essential matters.75 The without the parties or counsel having to appear in person. Court will accept unsworn affidavits.

On March 27, 2020, the Chief Justice directed that all On March 28, 2020 the Court issued a directive hearings scheduled for May and June are adjourned and suspending filing deadlines for civil and family matters suspended all filing deadlines related to those matters. All in the General Division only from March 19, 2020 until adjourned hearings will be rescheduled this fall. further notice, unless a judge indicates otherwise. The time periods for commencing appeals under Rules This does not affect deadlines established by legislation, 90.13(3) and 90.14 of the Civil Procedure Rules will be such as deadlines contained in the Limitations of Action 76 suspended for the period from March 26 to June 26, Act or the Probate Act. 2020. This does not apply to appeal periods set out in other legislation. This should mean fewer new appeals will

69 https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/2020-03-19-Directiverefilingdocuments.pdf 70 https://www.courts.ns.ca/News_of_Courts/documents/NSCA_Measures_03_16_20.pdf 71 https://www.courts.ns.ca/News_of_Courts/documents/NSCA_Upcoming_Term_Adjourned_03_27_20.pdf 72 https://www.courts.ns.ca/News_of_Courts/documents/JuryTrialsSuspended_NR_03_13_20.pdf 73 https://www.courts.ns.ca/News_of_Courts/documents/Supreme_Court_COVID_19_NR_03_15_20.pdf 74 https://www.courts.ns.ca/News_of_Courts/documents/NSSC_Essential_Services_Model_03_19_20.pdf 75 https://www.courts.ns.ca/News_of_Courts/documents/NSSC_E-Filing_NR_03_26_20.pdf 76 https://www.courts.ns.ca/News_of_Courts/documents/NSSC_Filing_Deadlines_03_28_20.pdf

13 • dentons.com Nova Scotia Provincial Court Prince Edward Island

On March 16, 2020, the Nova Scotia Provincial Court On March 16, 2020, and updated on March 24, 2020 issued a notice advising that certain measures were the Prince Edward Island Courts (Court of Appeal and being put in place to limit the number of individuals inside Supreme Court of Prince Edward Island) issued a notice courtrooms by staggering appearances, rescheduling suspending all in-person court appearances and matters, 77 matters, and making use of video technology. Effective other than for urgent or emergency matters.83Urgent March 17, 2020, and until further notice, access to matters will be heard in a manner and forum determined Provincial Courts is restricted to only those persons by the court, which includes the possibility of hearings by who are necessary to the proceedings before the court. way of telephone or video conference. These measure Matters presently before the Provincial Court are being are in place until further notice.84 adjourned to after May 31, 2020. On March 18, 2020, the Prince Edward Island Courts The court implemented further restrictions on March 18, issued an updated notice adjourning all non-essential 78 2020 (to be effective March 19). The restrictions prohibit matters (case management conference calls, pre-motion the public from attending the court unless the matter is in conferences, settlement conferences, pre-trial relation to an in-custody or urgent criminal matter, or an conferences, and trials (including Small Claims trials).85 urgent family law or child/adult protection matter. The Charlottetown and Summerside courthouses remain On March 20, 2020, the Chief Judge of the Provincial open for filing of documents. Filing by fax remains the and Family Courts directed all staff justices of the peace preferred method for filing at this time. to extend fine payment deadlines 90 days beyond the On April 7, 2020, the Prince Edward Island Courts 79 existing due dates. provided a further update.86 From now to the end On March 31, 2020, the Chief Judge of the Provincial of May, no new appeals will be scheduled, except and Family Courts issued a new procedure for surety regarding appeals of motions assessed by the court declarations and new processes for individuals in police to be urgent. Within the same timeline, there Supreme custody as well as new processes to vary release/ Court will not be hearing any matters (other than probation orders by consent.80 81 82 urgent, emergency or essential matters). This includes previously scheduled matters.

77 https://www.courts.ns.ca/News_of_Courts/documents/NSPC_Measures_03_16_20.pdf 78 https://www.courts.ns.ca/News_of_Courts/documents/COVID_Prov_Court_Update_03_18_20.pdf 79 https://www.courts.ns.ca/documents/Fines_Defaults_NR_03_20_20.pdf 80 https://www.courts.ns.ca/News_of_Courts/documents/NSPC_Surety_Declarations_03_31_20.pdf 81 https://www.courts.ns.ca/News_of_Courts/documents/NSPC_Individuals_in_Police_Custody_03_31_20.pdf 82 https://www.courts.ns.ca/News_of_Courts/documents/Application_to_Vary_Release_or_Probation_Order_by_Consent March_2020.pdf 83 https://www.courts.pe.ca/sites/www.courts.pe.ca/files/2020-03/Covid-19%20March%2016%202020_0.pdf 84 https://www.courts.pe.ca/covid-19-public-health-emergency-messages-from-chief-justices 85 https://www.courts.pe.ca/sites/www.courts.pe.ca/files/2020-03/COVID%2019%20-%20UPDATE%20MARCH%2018%2C%20 2020.pdf 86 https://www.courts.pe.ca/sites/www.courts.pe.ca/files/2020-04/April%207%2C%202020%20-%20Updated%20Notice.pdf

14 • dentons.com Newfoundland and Labrador from March 16 to May 22, 2020, are adjourned 10 weeks from the scheduled court date. Supreme Court of Newfoundland and Labrador On March 22, 2020, the Court revised the notice.91 The On March 18, 2020, the Chief Justice of the Supreme revision states that, effective March 23, 2020, public Court of Newfoundland & Labrador issued a notice access to the court will be restricted. Main doors will be limiting all regular operations, effective March 18, 2020, locked with local courthouse contact information posted. until further notice.87 Only essential public service is being maintained. Specifically, all criminal, family and civil On March 24, 2020 the Clarenville Provincial Court closed matters scheduled for March 18, 2020, are adjourned. All until further notice as a precautionary measure due to 92 jury trials are suspended until further notice. The notice a possible third-party exposure of staff to COVID-19. lists certain criminal, civil and family matters that the On March 28, 2020, the Court issued a revised COVID-19 court will hear. The notice also grants extensions of time Scheduling for the period March 30, 2020 to May 22, for filings of non-urgent matters. 2020 informing that as of Monday March 30, 2020 On March 20, 2020, the Court issued an updated notice the Provincial Court will not be operating from its 93 with further information regarding statutory deadlines Courthouses. Public access is unavailable. and limitation periods.88 The court accepts electronic Court of Appeal of Newfoundland and Labrador filings (via email or fax) where statutory deadlines and limitation periods are imminent. Issued documents will be On March 18, 2020, the Chief Justice of Newfoundland faxed/emailed back to the requisitioning litigant. Affidavits and Labrador issued a notice limiting all regular may be filed unsworn/unaffirmed, but affiants may be operations, effective March 18, 2020, until further notice.94 required to participate in a telephone or video conference Only essential public service is being maintained. Physical hearing to swear/affirm to facts contained therein. access to the court is restricted to all unnecessary participants. All currently scheduled appeals are On March 23, 2020, the Court issued a notice that all suspended until further notice. The court further advised urgent hearings/appearances will be conducted via that it will review the docket to determine whether 89 telephone or video conference. matters must proceed due to urgent or exceptional Provincial Court of Newfoundland and Labrador circumstances. Filings must be submitted electronically.

On March 17, 2020, the Provincial Court of Newfoundland On March 26, 2020 the Court provided a further update & Labrador issued a notice limiting all regular operations, restricting physical access to the Court of Appeal. All effective March 16, 2020, until further notice.90 Accused communications to the Court should be in writing. All persons not in custody with a criminal court appearance appeals currently scheduled are suspended until further scheduled from March 16 to May 22, 2020, do not need notice. The Registry will contact the parties to reschedule to attend court. Civil matters set to proceed from March these appeals. All scheduled applications will proceed 16 to May 22, 2020, are adjourned indefinitely until and will be heard by telephone or video conference. All rescheduled. Non-urgent family matters set to be heard filings of documents must be done in accordance with the notice.95

87 https://court.nl.ca/supreme/pdf/2020%2003%2018%20-%20Notice%20to%20the%20Profession%20-%20COVID-19%20 Preventative%20Measures.pdf 88 https://court.nl.ca/supreme/pdf/2020%2003%2020%20-%20Notice%20to%20the%20Profession%20and%20General%20 Public%20-%20COVID-19%20Preventative%20Measures.pdf 89 https://court.nl.ca/supreme/pdf/2020%2003%2023%20-%20Notice%20to%20the%20Profession%20and%20General%20 Public%20-%20COVID-19%20Preventative%20Measures.pdf 90 https://court.nl.ca/provincial/COVID-19_Operational_Plan-Provincial_Court.pdf 91 https://court.nl.ca/provincial/Revised-COVID-19_Operational_Plan-Provincial_Court.pdf 92 https://court.nl.ca/provincial/ 93 https://court.nl.ca/provincial/Revised-COVID-19-Operational-Plan-Provincial-Court-Supplemental-Information.pdf 94 https://www.court.nl.ca/appeal/wp-content/uploads/Notice-to-the-Profession-and-General-Public-COA-COVID-19- UPDATED-500-pm5.pdf 95 https://www.court.nl.ca/appeal/wp-content/uploads/COVID-19-Notice-to-the-Profession-and-General-Public.pdf

15 • dentons.com Yukon Northwest Territories

Supreme Court of Yukon Supreme Court of the Northwest Territories

On March 17, 2020, the On March 18, 2020, the Supreme Court of the Northwest announced that it is closely monitoring the situation Territories issued a replacement directive regarding with Covid-19 in Yukon.96 The announcement provides changes to proceedings and scheduling.100 With respect that currently scheduled cases will continue to be heard to civil and family matters, these will proceed, but until by telephone appearance only. All judicial settlement further notice, counsel and self-represented parties will conferences are adjourned. There are no jury trials appear by telephone. Family hearings where witnesses set in March, April, May or June 2020.97 All in-custody are to be called from March 18 to May 1, 2020, are appearances will be by video conference. For urgent or cancelled. All case management conferences will emergency civil or family matters, lawyers may contact proceed by phone. All judicial settlement conferences the trial coordinator for a telephone case management scheduled from March 18 to May 1, 2020, are cancelled, conference with a judge to determine if the matter unless they can proceed by phone. may proceed. On April 6, 2020 the Northwest Territories Courts issued Territorial Court of Yukon a replacement directive. The directive provides that family and civil chambers will proceed, but until further On March 17, 2020, the Chief Justice of the Territorial notice, counsel and self-represented parties will appear Court of Yukon announced several measures to assist by telephone. All case management conferences will 98 with containing the spread of Covid-19. Until further proceed by phone until further notice. Additionally, all notice, no members of the public will be permitted in Judicial Settlement Conferences scheduled from now courtrooms unless required for a court matter, which and June 5, 2020, are cancelled. 101 includes counsel, parties, witnesses, Probation Officers, Crown Witness Co-ordinators, Victim Services Workers, Territorial Court102 support workers, or other similar persons, and the media. All non-urgent small claims court matters are cancelled Court of Appeal for the Northwest Territories and shall be scheduled for dates after May 31, 2020. All The Court of Appeal directive is included in the Notice cases where the trial, preliminary inquiry, and sentencing posted by the Supreme Court. is scheduled, and the offender is not in custody, will be adjourned to June 4, 2020.

Court of Appeal

The Court of Appeal has not issued any notices regarding Covid-19. Upcoming hearing weeks are May 11 to May 15, 2020, and November 16 to November 20, 202099. We continue to monitor updates from the court.

96 http://www.yukoncourts.ca/pdf/SC_Notice_-_Covid-19.pdf 97 http://www.yukoncourts.ca/pdf/Updated_SC_Notice_April_7-_Covid_19.pdf 98 http://www.yukoncourts.ca/pdf/covid_19_tc_announcement_\mar_17_2020.pdf 99 http://www.yukoncourts.ca/pdf/Court_of_Appeal_Sitting_dates.pdf 100 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 101 https://www.nwtcourts.ca/en/files/notices-and-directives/tc/COVID-19%20Notice%20Territorial%20Court%20-%20%20 March%2027%2C%202020.pdf 102 https://www.nwtcourts.ca/en/files/notices-and-directives/tc/COVID-19%20Notice%20Territorial%20Court%20-%20%20 March%2027%2C%202020.pdf

16 • dentons.com Nunavut

Nunavut Court of Appeal All special chambers civil appearances are adjourned. Suspended civil matters will be rescheduled after June On March 18, 2020, the Nunavut Court of Appeal 1, 2020, (including small claims matters). All jury trials cancelled the sitting on May 12, 2020. The matters are scheduled to commence on or before May 31, 2020, adjourned to July 22, 2020. are cancelled and to be spoken to on June 1, 2020.

Nunavut Court of Justice Civil and criminal emergency applications and hearings will be accommodated. The court will grant extensions On March 17, 2020, the where procedural rules or court orders required the suspended regular operations immediately and until delivery of documents. Notably, return to procedural further notice.103 The suspension of regular operations compliance will be expected within a reasonable amount is not to be confused with the stoppage of court of time once regular operations restart. operations. The court is still operational to ensure the continued administration of justice in Nunavut. Regular On March 19, 2020, the Nunavut Court of Justice filings are accepted electronically. The court will continue announced that all satellite court operations are closed.104 to hear urgent matters during this emergency period.

103 http://www.nunavutcourts.ca/index.php/68-flash-news/205-covid-19-jury-update 104 http://www.nunavutcourts.ca/index.php/68-flash-news/206-eco-communities

17 • dentons.com For more information please contact any member of our Litigation and Dispute Resolution team.

Gordon Tarnowsky Q.C. Matthew Fleming Partner Partner D +1 403 268 3024 D +1 416 863 4634 [email protected] [email protected]

Elinor Izmaylov Nolan Hurlburt Associate Practice Support Lawyer D+1 416 863 4368 D+1 604 648 6555 [email protected] [email protected]

Alexandre Toupin Associate D +1 416 863 4610 [email protected]

18 • dentons.com 19 • dentons.com ABOUT DENTONS

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