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 02-04 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 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, 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 Federal Court 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 Tax Court of Canada 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 Federal Court of Appeal 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.