The COVID-19 pandemic has had a significant impact on our justice system. With the announcement of the state of emergency back in March of this year, courthouses were significantly shutdown. Over-the-counter services were suspended and courts were required to prioritize the cases that would be heard. In general, only urgent and time-sensitive matters were being heard.

As Ontario has moved to stage two of its economic re-opening plan, courthouses are now gradually re-opening for business too under a three-phase plan developed by the Ministry of the Attorney General.

The first phase of the province's plan for a gradual re-opening of its court system came into effect on July 6, 2020.

149 courtrooms in both Superior Court of Justice and Ontario Court of Justice across 44 locations have reopened their door

More courtrooms are expected to re-open in September, with the goal of the Ministry of the Attorney General to have the full roster resume operations by November 1, 2020.

Although this is a welcome sign for Ontario's path to recovery, the current gradual re-opening of the courts comes with restrictions.

Courts are required to abide by strict health and safety protocols to protect staff and the public from the risk of COVID-19 transmission. For instance:

  • Plexiglass barriers have been installed in courtrooms, interview rooms, intake rooms, and public counters to ensure physical distancing;
  • All visitors will be required to wear a face covering and will be screened for COVID-19 symptoms at courthouse entrances;
  • Frequent cleaning will be taking place and access to hand sanitizer will be increased;
  • Maximum occupancy levels in courtrooms will be decreased and seats will be marked to allow for physical distancing; and
  • Hours of operation for over-thecounter services will be limited, but reviewed and adjusted to ensure adequate acces

Further information on the precautionary measures for resuming court operations are outlined in the Ministry of the Attorney General's guidebook.

In developing its gradual justice system re-opening plan, the Ministry of the Attorney General worked with both public health experts and justice sector partners. The Ministry has emphasized that the goal is to ensure that justice services remain responsive, accessible, and resilient during this time. At the same time, however, the Ministry's main priority remains preserving the health and safety of Ontarians and all court participants.

During the COVID-19 pandemic, courts across the province have modified practices and procedures to keep the justice system moving. For example, in-person proceedings have been replaced by virtual hearings, and timelines and procedures for filings have been adjusted, including the development of procedures to permit materials to be filed electronically.

With the re-opening of the courts, some of the new practices that have been adopted over the past four months will continue, but some practices are also being changed.

Below we have summarized, as it impacts civil proceedings, the most up-to-date practical information for the gradual phased-in return of proceedings at the Ontario Court of Appeal, and the Ontario Superior Court of Justice.

With respect to the Ontario Court of Justice, the reader is directed to review the COVID-19 Notices and Updates which can be found at www.ontariocourts.ca/ocj/.

Ontario Court of Appeal

With respect to civil proceedings in the Ontario Court of Appeal, a practice direction dated June 25, 2020 contains some significant time period announcements.

For almost all civil matters in the Court of Appeal, the period from March 16, 2020 to July 15, 2020 will not be included in calculating the time prescribed to take any step in respect of any civil proceeding therein. Some of the exceptions to this suspension in the calculation of time are:

  • urgent family law appeals;
  • civil proceedings in which a notice of hearing was sent and which proceedings were not adjourned before or during the extension period; and
  • civil proceedings that were being case managed during the extension period.

For a more complete list of the exceptions to the suspension in the calculation of the time, please consult paragraph 3 of the "Practice Direction concerning the Reinstatement of Times Prescribed in Civil Proceedings in the Court of Appeal, June 25, 2020."

As well, commencing July 16, 2020, the Court of Appeal has announced that the times prescribed to take any step in any civil proceeding therein will be reinstated.

Lastly, as of July 6, 2020, this Court will be using Zoom for remote hearings. The process for participants in Zoom appearances and best practices, among other things, can be found in the Notice Regarding Videoconference Appearance Technology (Zoom) (July 6, 2020).

For practitioners, gowning will not be required for Zoom hearings.

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