In light of the current COVID-19 pandemic, Gowling WLG's Recovery Services Practice Group has assembled the following information about COVID-19's impact on the mortgage enforcement process in each of the provinces and territories. Recognizing that court and government operations and restrictions are changing daily, we will strive to keep the information current to the extent possible.

BRITISH COLUMBIA

LAND REGISTRY

Registry Operations

  • The Land Title and Survey Authority of British Columbia is accessible only to employees, direct access pass holders and Registry Agents until further notice. Although the front counters are closed, all other office operations (including e-filing) continue as usual.

More Information

  • More information on the Registry's operations can be found here.

COURTS

Court Operations

  • All civil matters scheduled for hearing between March 19, 2020 and May 29, 2020 are adjourned generally, unless directed otherwise by the Court. This automatic adjournment extends to all trials, conferences and chambers applications or other hearings currently scheduled for hearing before May 29, 2020.

Emergency Hearings

  • The following civil matters are presumptively considered to be of an essential and urgent nature. The Court has discretion to hear urgent matters other than those listed, and to decline to hear a matter listed. Matters where there is a prima facie urgency include:
    • Housing evictions, including interim stays of orders of possession under the Residential Tenancy Act;
    • Civil restraining orders;
    • Preservation orders;
    • Urgent injunction applications; and
    • Urgent orders in the nature of habeas corpus, certiorari, mandamus and prohibition.
  • On April 17, 2020, the Court issued further guidance, permitting certain matters to be heard via telephone. Matters that were scheduled to be heard between March 19 and May 29, which were adjourned because of the COVID-19 crisis, may be heard through a telephone conference if they meet the following conditions:
    • The matter is limited to one disputed issue, or (if the matter involves more than one issue) the parties have reached consent on some or all of the issues;
    • The disputed issue is suitable for determination by telephone and is estimated to take less than one hour; and
    • The disputed issue can be addressed on the basis of a single affidavit filed per party, no longer than 10 pages.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • Effective March 18, 2020, filing and service deadlines under the Supreme Court Civil Rules are suspended until May 29, 2020.
  • Effective March 26, 2020, the Minister of Public Safety and Solicitor General suspended limitation periods and mandatory time periods for the commencement of a civil proceeding. Once this suspension is lifted, more directions will be provided by the Court.

PRACTICAL CONSIDERATIONS

  • Unless a matter may be heard by telephone (as noted above), the Court in BC is effectively closed for all hearings, until further notice. For mortgage enforcement matters, the following can still be done:

    • Sending demands for payment;
    • Commencing foreclosure proceedings;
    • Obtaining and registering certificates of pending litigation;
    • Serving parties; and
    • Applying for "ex parte Desk Orders" - Orders that can be granted without a hearing (e.g., – Orders for alternative service).
  • Other than the foregoing, the mortgage enforcement process in BC is now at a halt and, as a result, the following cannot be done, unless the lender can persuade the Court that such is genuinely urgent, in a particular matter (i.e., on rare occasions, very unusual facts):
    • Applying for an Order Nisi or a Judgment;
    • Applying for an Order allowing a lender to list a property for sale;
    • Applying for an Order approving a sale; and
    • Applying for an Order Absolute.

ALBERTA

LAND REGISTRY

Registry Operations

  • Land Registry Offices are closed to the public, but the offices are still accepting documents.
  • The Registry is temporarily allowing the registration of Land Titles documents that have been witnessed, sworn or affirmed by Alberta lawyers using two-way teleconferencing.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • All civil matters scheduled to be heard between March 16, 2020 and May 1, 2020 are adjourned sine die, unless otherwise directed by the Court.

Emergency Hearings

  • Matters of the highest priority requiring immediate attention are as follows:
    • Emergency matters, in which serious consequences to persons or harm to property may arise if the hearing does not proceed, or if there is a risk of loss of jurisdiction or expiration of an existing protection or restraining order, including, but not limited to:
      • Injunctions, where there is prima facie urgency;
      • Civil restraining Orders;
      • Preservation Orders; and
      • Urgent Orders in the nature of habeas corpus, certiorari, mandamus and prohibition.
  • Matters that do not rise to the level of the first priority, but must nevertheless be addressed in a timely way in the context of a reduction in Court services, include (but are not limited to):
    • Urgent Adult Guardianship and Trusteeship Orders;
    • Urgent or time sensitive commercial matters where there are immediate and significant financial consequences which may result if there is no judicial hearing;
    • Urgent Surrogate Orders;
    • Anton Piller or Mareva-type injunctions; and
    • Freezing Orders.
  • On March 26, 2020, the Court of Queen's Bench issued further guidance, stating that any matter in the following category will likely be considered urgent:
    • Initial Orders under the CCAA;
    • CCAA stay extensions;
    • Receivership Applications;
    • Plans of Arrangements;
    • Injunctions;
    • Approval and Vesting Orders;
    • Sales Orders, which have been pre-scheduled; and
    • Urgent Bankruptcy Applications.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • All filing deadlines under the Alberta Rules of Court, including Rule 13.41(4), are suspended until May 1, 2020, with the exception of those Rules applicable to the commencement of proceedings, including originating applications.

PRACTICAL CONSIDERATIONS

  • There is nothing to stop a claim being filed, but there is no ability to note in default, or bring any applications that would provide substantive relief. Consent orders, however, can be processed via email.
  • In addition, evictions of residential tenants for non-payment of rent are suspended until April 30, 2020.

SASKATCHEWAN

LAND REGISTRY

Registry Operations

  • ISC's Saskatchewan Customer Service Centre locations are closed to the public and in-person counter service have been suspended as of March 16th, until further notice.
  • Registry services may be accessed through its online channel.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • Beginning March 20, 2020, regular operations of the Saskatchewan Court of Queen's Bench were suspended.
  • Until further notice, only urgent and emergency matters will be heard by the Court, and most of those will be heard by phone or video conference.

Emergency Hearings

  • Until further notice, only urgent and emergency civil matters will be heard by the Court in chambers. These include matters in which serious consequences to persons or harm to property may arise if a hearing does not proceed expeditiously.
  • The following is a list of what constitutes an urgent or emergency matter:
    • Preservation orders, such as those pursuant to s. 5 of The Enforcement of Money Judgments Act;
    • Injunctions, where there is a prima facie urgency;
    • Residential tenancy appeals where a writ of possession has been ordered;
    • Foreclosure actions in which confirmation of judicial sale is sought; and
    • Any other matter the Court deems necessary to hear on an urgent basis with prior permission of the Court, and these matters will be strictly limited.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

The Saskatchewan Court of Queen's Bench has not issued guidance stating that filing deadlines or limitation periods have been suspended.

PRACTICAL CONSIDERATIONS

  • It would appear that the Court has limited Chamber appearances to urgent matters and all other matters currently scheduled with the Court will be adjourned sine die to be rescheduled once directed by the Court to do so.
  • Fortunately, it appears that the Court will allow for the filing of Without Notice Applications.

MANITOBA

LAND REGISTRY

Registry Operations

  • The Property Registry continues to function, but the offices are closed to in-person service.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • Matters are limited to emergency or urgent matters until April 17, 2020, with exceptions for civil pre-trial conferences, case management conferences and JADRs (judicially assisted dispute resolution).
  • During the period from April 20 to May 25, 2020, the Court of Queen's Bench is limiting scheduled matters to certain prioritized categories and to either emergency or urgent/emergent matters as they will be identified and defined on the basis of the distinct work and direction given by the Court's General Division.
  • All civil trials will be adjourned to a special assignment list presently scheduled for May 21, 2020, at 9:30 a.m. That date is subject to change.
  • All contested civil motions and applications presently scheduled are adjourned sine die. After May 22, 2020, counsel or a party may contact the civil motion coordinator to schedule a new hearing date, subject to evolving information in respect to this virus.
  • The Uncontested Civil List is suspended until May 22, 2020. For emergency motions, contact the civil motion coordinator who will contact the duty judge, following which a determination will be made as to if and how the matter will proceed.
  • Bankruptcy dockets continue to be suspended through and including May 22, 2020 and all matters presently scheduled on dockets during the suspension period are adjourned sine die. If there is an urgent matter for the Registrar, contact bankruptcy registry staff.
  • On April 2, the Court stated that all other civil matters, including pre-trial conferences, case management conferences, small claim appeals, and JADRs, are adjourned sine die. It also announced that after May 22, 2020, counsel or a party may contact the trial or motion coordinator to schedule a new date.
    • On April 7, however, the court revised its guidance, stating that it will be providing civil pre-trial and case management conferences for new and ongoing matters, as well as JADRs when appropriate.

Emergency Hearings

  • Any and all miscellaneous matters not captured by the above direction, which the parties consider to be of an emergency nature, may still be addressed by a designated duty judge.
  • It is possible that, in the event of some form of imminent danger to a particular property, an order for possession on an urgent basis could be sought.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • The Manitoba Court of Queen's Bench has not issued guidance stating that filing deadlines or limitation periods have been suspended.

PRACTICAL CONSIDERATIONS

  • The Court has asked counsel to refrain from filing any non-essential court documents. The definition of "essential court documents" has been left to counsel and parties to determine.

ONTARIO

LAND REGISTRY

Registry Operations

  • Land Registry Offices remain open to the public.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • All civil matters scheduled to be heard on or after Tuesday March 17, 2020 are adjourned.
    • This includes all telephone and videoconference appearances scheduled prior to March 17, 2020, unless the presiding judicial officer directs otherwise.
  • Starting on Monday, April 6, 2020, the Divisional Court will begin to schedule hearings on non-urgent matters arising throughout the Province of Ontario, subject to available resources.

Emergency Hearings

  • The Court will continue to hear urgent matters during this emergency period.
  • The following urgent and emergency civil matters will be heard:
    • Urgent and time-sensitive motions and applications in civil and commercial list matters, where immediate and significant financial repercussions may result if there is no judicial hearing;
    • Outstanding warrants issued in relation to a Small Claims Court or Superior Court civil proceeding; and
    • Any other matter that the Court deems necessary and appropriate to hear on an urgent basis, for which counsel and the public are advised that these matters will be strictly limited.
  • Remote hearings will be expanding to include the following civil matters in most court locations, effective April 6, 2020:
    • Pre-trial conferences that were cancelled between March 16 and May 31, 2020 due to the court operations can be rescheduled at the request of the parties. The objective of the pre-trials will be settlement of the action. Parties must certify that case is capable of settlement with the assistance of a pre-trial judge;
    • Rule 7 motions or applications for approval of settlement, in writing; and
    • Consent motions, in writing.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • As of March 16, 2020:
    • all limitation periods have been suspended, retroactive to March 16, 2020, for the duration of the emergency; and
    • time periods for taking any step in a proceeding, including an intended proceeding, are, subject to the discretion of the Court, tribunal or decision-maker responsible for the proceeding, suspended for the duration of the emergency.

PRACTICAL CONSIDERATIONS

  • Mortgagees can continue to commence actions upon default, and various court offices are now accepting non-urgent ex parte basket motions and motions in writing where both parties have consented to the matter being heard in writing. Detailed instructions on how to file such matters and what each court region is prepared to hear can be found in the Court operations link, above.
  • However, during the suspension of regular court operations, the eviction of residents from their homes, pursuant to eviction orders issued by the Landlord and Tenant Board or writs of possession, are suspended unless the court orders otherwise upon leave being granted to a party by the court pursuant to the court's procedures for urgent motions.
  • Mortgagees may, in appropriate circumstances, secure properties where peaceable possession of the property can be taken without the need of an eviction (for example, where a property is found vacant or where possession is voluntarily surrendered to the creditor). Mortgagees may also market and sell properties, under power of sale, where Notices of Sale have been issued and expired.
  • While the Ontario government has closed all non-essential services and businesses, property managers and real estate agent services remain open and available to secure, maintain and market properties for sale. The Appraisal Institute of Canada has advised that appraisers do not need to go inside a property to complete appraisals and may instead use third party data, video or photographs. Many realtors have developed revised practices including virtual showings and limiting the physical visitation of properties.
  • Where a mortgagee's interest in land is in jeopardy, the mortgagee may wish to consider the protection of a Caution registered pursuant to the Land Titles Act. While Cautions typically expire after 60 days, the Director of Land Titles has advised that it will consider granting second Cautions and successive Cautions upon request, in appropriate circumstances, until some reasonable time after the courts resume regular operations. At that time, the cautioner will be required to seek a Certificate of Pending Litigation or other judicial relief.

QUEBEC

LAND REGISTRY

Registry operations

  • The Land Registry Office has closed all but one office in Quebec City.

THE COURTS

Court Operations

  • The Court of Quebec, Superior Court and the Court of Appeal have suspended all trials scheduled to be heard.
  • The Court of Quebec has postponed all hearings before its Administrative and Appeal Division on the merits of appeal applications and contestations of a decision by an administrative organization. Settlement conferences are also postponed to a date to be determined in accordance with the practice established for the district where they were scheduled.

Emergency Hearings

  • The courts will continue to hear urgent matters, including:
    • Applications for interim injunction;
    • Seizures before judgment;
    • Orders for release from seizure, quashing of seizures before judgment or contested eviction orders;
    • Delivery of notices of execution (eviction) following a decision by a tribunal;
    • Safeguard orders;
    • Habeas corpus orders; and
    • Any other matter a judge deems urgent.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • Limitation periods and filing deadlines were suspended as of March 13, 2020.The suspension will cease once the declaration of a health emergency is lifted.

PRACTICAL CONSIDERATIONS

  • The Government of Quebec has announced that all "non-essential" services and businesses must close until May 4, 2020.
  • Although property managers remain open, it appears that appraisers will have to cease activities. Certain appraisers have agreed to appraise vacant properties.
  • If properties become vacant, property managers remain able to proceed with securement.
  • While notaries are classified as an essential service, they are not required to remain open. It's anticipated that some notarial offices will close as a result.
  • Notaries are now temporarily permitted to conclude acts remotely, subject to certain conditions.
    • However, marketing of properties will remain at a standstill unless same can be done completely virtually.
  • More information on notaries' operations can be found here.
  • Bailiffs are now temporarily permitted to effect service by technological means – for example, by email or fax, subject to certain conditions.
    • The Quebec courts, however, are currently only permitting issuance of urgent motions and are not yet equipped to receive proceedings electronically.
  • There are some regions in the Province with vulnerable populations where access has been restricted by the Québec government, save for essential reasons. In those areas, free movement is restricted such that our property managers can expect difficulty accessing properties.

NEW BRUNSWICK

LAND REGISTRY

Registry Operations

  • The Provincial Land Registration Office in St. Stephen is closed to the public until further notice, but all online services are maintained as usual and mail/courier deliveries are accepted.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • All scheduled jury trials scheduled between April 3rd and May 29th are adjourned until further notice.
  • All small claims scheduled between April 3rd and August 1st will be adjourned with new dates to be set after August 1st, 2020.
  • All matters scheduled in the Trial division of the Court of Queen's Bench are adjourned until May 29th, 2020 with the exception of matters considered urgent by the responsible judge.
  • The Court of Queen's Bench will be hearing settlement conferences in certain cases between April 14th and May 29th where it is feasible for all parties and lawyers to participate via telephone.
  • The regular motion's days scheduled for April 14th, 2020 and May 4th, 2020 are adjourned. However, certain matters may proceed via telephone conference call as directed by the judge responsible for Motion's day in the various jurisdictions.

Emergency Hearings

  • Judges are responsible for determining what matters are essential/urgent and, as a result, may be heard.
  • Matters that are urgent or time sensitive, or those in which there are immediate and significant financial repercussions that may result if there is no judicial hearing, may be scheduled on an urgent basis.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • The New Brunswick Court of Queen's Bench has not issued guidance stating that filing deadlines or limitation periods have been suspended.

PRACTICAL CONSIDERATIONS

  • The offices of The Clerk of The Court of Queen's Bench will remain open at reduced capacity to allow for the filing of documents.
  • The Court of Queen's Bench will accept the filing of documents via electronic means and fax, as well as in the traditional manner.

NOVA SCOTIA

LAND REGISTRY

Registry Operations

  • The Land Registration Office is not open for general public drop-in, but couriers can still deliver document packages.
  • E-submission of documents will continue as usual, and signing requirements for documents have been modified to accommodate the provincial government's request for social distancing.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • The Nova Scotia Supreme Court is adopting an essential services model.

Emergency Hearings

  • Proceedings in the Supreme Court will be limited to urgent or essential matters, as determined by a judge.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • Unless a judge indicates otherwise, filing deadlines outlined in the Civil Procedure Rules, for civil matters in the General Division only, are suspended until further notice. The suspension period is retroactive to March 19, 2020.
    • This directive includes, but is not limited to, filing a Notice of Defence in an action, a Notice of Contest in an application, and a Notice of Judicial Review or Notice of Appeal under Civil Procedure Rule 7.
    • It does not, however, affect filing deadlines established by legislation, such as the deadlines contained in the Limitations of Action Act or the Probate Act.

PRACTICAL CONSIDERATIONS

  • All foreclosure matters and public auctions inside courthouses are suspended until further notice.
  • Personal service may be effected by email as required by the Civil Procedure Rules for civil matters in the General Division, but service requirements established by any statute are not affected. For personal service to be effected by email, the party, or counsel for the party, to whom personal service is required must agree in advance to receive the documents via email. Additionally, the party serving the documents through this method must receive an acknowledgement of receipt, and counsel or a party who is self-represented must acknowledge receipt of service.
    • Service of any materials sent by email to counsel for a party or to a party who is self-represented shall be deemed effective on the date the email is sent, or, if sent after 4:30 p.m., on the next business day.

NEWFOUNDLAND AND LABRADOR

LAND REGISTRY

Registry Operations

  • The Registry of Deeds and the Registry of Crown Lands are accessible by appointment only. This means that all title searches requiring title information prior to 1982 can only be accessed by making an appointment.
  • Purchase and Sale Deeds can continue to be registered online in Newfoundland and Labrador.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • All civil matters scheduled to be heard after March 18, 2020 are adjourned, without the parties having to attend Court.
    • This includes all previously scheduled appearances (including telephone and videoconference appearances), unless the presiding judge directs otherwise.

Emergency Hearings

  • Until further notice, only urgent and emergency matters will be heard.
  • Pursuant to the Court's March 18 Notice, the Court has suspended normal operations. The Court calls upon the cooperation of counsel to restrict use of Court resources to urgent and emergency matters.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • Court registries will not accept any non-urgent filings until further notice. For all non-urgent matters, The Court will grant extensions of time for filing when normal operations resume.
  • The Court advises that it is extending all periods contained in the Rules of the Supreme Court that require or authorize a person to do or abstain from doing any act in a proceeding. This includes periods for service, filing, or amendment of any pleading or other document. This extension is for the period from March 18, 2020 to the date when the Court resumes normal operations.
    • This does not apply to filing deadlines or periods set out in other legislation. The Court's March 20, 2020 Notice to the Profession and General Public allows for electronic filing if a statutory deadline or a limitation period is imminent. Please refer to that Notice for further information.

PRACTICAL CONSIDERATIONS

  • In Newfoundland and Labrador, a practitioner must be able to complete a full search to ensure that any Crown interest has been displaced. Often, title searches must go back to at least the 1950s. Since title searches predating 1982 now require an appointment, title searches could be delayed, which could delay purchase and sale closings.

PRINCE EDWARD ISLAND

LAND REGISTRY

Registry Operations

  • The Registry Offices remain open at this time.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • The Supreme Court of Prince Edward Island has reduced operations to an essential services model.
  • All in-person court appearances and matters, other than for emergency matters, are suspended until the end of May.

Emergency Hearings

  • Only urgent and emergency hearings and document filings can occur.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • Filing deadlines will not be extended, and limitation periods must be adhered to.

YUKON

LAND REGISTRY

Registry Operations

  • The Registry Office remains open at this time.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • There will be no Civil Chambers or Appearance Days in April, May or June 2020.
  • Applications or other hearings, such as summary trials, currently scheduled in Whitehorse may proceed by telephone, subject to the judge's discretion.
  • Any matters requiring in person testimony will be rescheduled when it becomes possible to appear in person
  • Judicial settlement conferences will be rescheduled when it becomes possible to appear in person
  • Case management conferences, both currently scheduled and newly requested, may proceed as long as all counsel and their clients, if permitted to attend, appear by telephone
  • Other than urgent matters, no new hearing dates are being scheduled at this time. Scheduling will resume as soon as it is possible to do so.

Emergency Hearings

  • New contested matters will be scheduled and heard if urgent. A judge will determine if the matter is urgent. Generally, the following matters may be considered urgent, subject to the judge's discretion:
    • Injunctions, where there is prima facie urgency;
    • Requests for civil restraining orders;
    • Requests for preservation orders;
    • Emergency Adult Guardianship and Trusteeship Orders, where there is a risk of harm to an individual or their property; and
    • Other commercial matters where there are immediate and significant financial consequences which may result if there is no judicial hearing, including bankruptcy and insolvency matters such as stays of proceedings and applications of court-appointed receivers.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • The Supreme Court of Yukon has not issued guidance stating that filing deadlines or limitation periods have been suspended.

NORTHWEST TERRITORIES

LAND REGISTRY

Registry Operations

  • The Land Titles Office is closed to walk in services for the immediate future due to social distancing and health and safety precautions.
  • Submissions can continue to be made by mail, or through arrangements with Land Titles staff.

More Information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • Appearances in civil chambers will proceed, but until further notice, counsel and self-represented parties will appear by telephone.
  • Special chambers hearings scheduled to proceed between now and June 5th that do not involve calling evidence may proceed if counsel are prepared to appear by phone on those hearings.
  • All case management conferences will proceed by phone until further notice.
  • All Judicial Settlement Conferences scheduled between now and June 5th are cancelled, unless they can proceed by phone.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • The Northwest Territories Supreme Court has not issued guidance stating that filing deadlines or limitation periods have been suspended.

NUNAVUT

LAND REGISTRY

Registry operations

  • The Land Titles Office remains open, but it is closed to the public.

More information

  • More information on the Registry's operations can be found here.

THE COURTS

Court Operations

  • All court operations, including scheduled sittings at the Courthouse in Iqaluit together with Court Registry operations, have been suspended until further notice.
  • All matters scheduled to proceed during this period of closure are adjourned until June 1, 2020.

Emergency Hearings

  • Emergency civil applications/hearings are being accommodated.

More Information

  • More information on the Court's operations can be found here.

Filing Deadlines & Limitation Periods

  • All filing deadlines between March 18, 2020 and June 1, 2020 are extended to the close of business on June 1, 2020.
  • Where procedural rules or court orders require the delivery of documents during this emergency period (i.e. between March 17 and May 31), and such delivery is not possible, parties can expect the Court to grant extensions of time once the Court's normal operations resume.

This summary was prepared with assistance by Connor Macdonald, an articling student in Gowling WLG's Hamilton office.

Read the original article on GowlingWLG.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.