This post was originally published March 20, 2020 and was last updated on June 15, 2020 to reflect developments in Québec.

In response to the COVID-19 outbreak, Courts across Canada have weighed the seriousness of the situation and the importance of prioritizing the health and safety of all court participants, with the principles of open courts and timely access to justice. This balancing exercise resulted in the implementation of a wide range of preventative measures that will help minimizing the spread of the COVID-19 virus across Canada, while allowing the Courts to hear urgent or essential matters during the outbreak. In brief, Canadian Courts have restricted access, suspended or limited their operations, and have consequently suspended prescription or limitation periods, as the case may be.

In this unprecedented period of uncertainty, it has become difficult to easily identify the various exceptional measures implemented in each Canadian province. Therefore, as a recognized leading Canadian litigation law firm and your business partner, Stikeman Elliott offers you the following guide which outlines the measures taken.

We understand that the situation is evolving rapidly, and we will post updates on our website as they become available.

  • May 8: The Chief Justice of Canada and the Minister of Justice have established an Action Committee on Court Operations in Response to COVID-19 to coordinate the various provincial responses
  • April 21: The Attorney-General of Canada may now be served via e-mail or fax to the appropriate regional office

Supreme Court of Canada

  • April 29: The Court has announced the list of matters which will be heard in June and September, by videoconference; all other hearings postponed due to COVID-19 will take place in the regular fall session
  • April 24: Starting April 27, the registry will resume taking telephone calls from 12pm to 5pm, but the Court encourages parties to continue correspondence by e-mail when possible
  • March 25: Deadlines that are imposed by the Rules of the Supreme Court of Canada or by an order of the Court, a judge, or the Registrar are suspended indefinitely
    • However, all other deadlines are unaffected, including deadlines for filing applications for leave to appeal and notices of appeal
    • Parties are required to file and serve documents by e-mail, with originals to be filed once regular court operations resume
    • The Court building remains open for case-related matters
  • March 16: The Court will continue to issue judgments on applications for leave and on appeal for the time being

https://www.scc-csc.ca/parties/index-eng.aspx

Federal Courts

  • June 11: The suspension period set out in the Notice to the Parties and the Profession dated March 19, 2020 is extended indefinitely (except at the Federal Court, as detailed below), and all matters scheduled to be heard during the extended suspension period are adjourned indefinitely; however, urgent or exceptional matters, case management hearings, and other matters upon direction of the Court or request by the parties may proceed by teleconference, videoconference, or in writing
    • All fees under item 1 of Tariff A of the Federal Courts Rules are waived for paper or electronic documents filed during the suspension period
    • All deadlines under Orders and Directions of the Court of first instance and appeal (unless they are explicitly set on a "peremptory" basis), as well as under the Federal Courts Rules, subsection 18.1(2) of the Federal Courts Act, and paragraph 72(2)(c) of the Immigration and Refugee Protection Act, are suspended until the end of the suspension period and retroactive to March 16, 2020, but all other filing deadlines continue to apply
    • At the end of the suspension period, all deadlines will be extended by 14 days
    • However, applications and appeals filed at the Federal Court of Appeal under sections 27 and 28 of the Federal Courts Act are governed by mandatory deadlines and are therefore excluded from the suspension; parties are required to file appeals and applications within the relevant deadlines

Court of Appeal

  • June 11: While the suspension period has been extended indefinitely, the Court will begin relaxing the suspension by publishing a weekly list of Selected Files that are to proceed
    • Once a file is placed on the Selected Files List, time will begin to run under the Federal Courts Rules, orders and directions from the Monday following the file's appearance on the List, with the Monday on which the running of time resumes excluded from the calculation
    • Parties may make a motion to the Court to have a file placed on, or removed from, the Selected Files List
    • All filing fees shall be payable as of June 29, 2020
  • May 12: The Court will accept filings of affidavits which were commissioned remotely using a procedure approved by a superior court
  • April 15: The Court is gradually resuming hearings of some matters which are ready to proceed on the merits
    • Matters will be heard on the basis of written materials, by teleconference or videoconference, or eventually in person
  • April 2: Parties whose appeal or judicial review application was ready to be heard on March 13, 2020 may on consent ask to have the matter heard remotely or in writing
    • In-person filings will only be accepted via secure drop boxes, but parties are encouraged to file electronically by e-mail
  • March 19: Proof of service of any document served during the suspension period may be filed after this period ends

Federal Court

  • June 11: The suspension period will be extended to June 29, 2020 in Ontario, Québec, and the Territories; in Western and Atlantic Canada, the suspension period will end on June 15, 2020
    • In Western and Atlantic Canada, the Court will not hold any hearings until July 13, 2020, and filing deadlines will be extended to June 29, 2020; General Sittings remain cancelled until July 12, 2020
    • In Ontario, Québec, and the Territories, the Court will not hold any hearings until July 27, 2020, and filing deadlines will be extended to July 13, 2020; General Sittings remain cancelled until July 26, 2020
  • April 4: Parties must file non-confidential documents using the Court's online portal; urgent documents that cannot be filed using the portal may be filed by e-mail
    • Parties wishing to file confidential documents should contact the Court registry office for instructions
    • Parties may request to have their matter heard in writing or by teleconference
    • Documents may be served electronically, and parties who have provided an e-mail address on a document filed in Court shall be deemed to have consented to electronic service
    • Affidavits may be commissioned remotely during the suspension period

https://www.fca-caf.gc.ca/fca-caf_eng.html

https://www.fct-cf.gc.ca/en/pages/law-and-practice/notices

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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.