This post was last updated on July 28, 2020.

The COVID-19 Pandemic forced the closure of courts across all levels in Canada. This blog will focus on the various updates provided by the courts throughout the pandemic, and attempt to map out the various courts’ progression towards resuming normal operations.

BC Courts

BC Supreme Court (BCSC)

Effective April 11, 2022, the Court will rescind NP 22 In-Person Proceedings and Attendance During COVID-19: Health and Safety Protocols.

Proceedings

There will be no change in the way Provincial Court proceedings are conducted at this time.

Scheduled matters will proceed as scheduled – as either virtual, hybrid or in-person proceedings. The Court will announce its plan about future court operations by June 16, 2022.

Past updates

• As of July 13, 2020, in-person registry services have reopened and all court operations have returned to normal, unless otherwise stated in a COVID-19 notice.
• As of July 13, 2020, parties are now able to make applications by written submissions, in lieu of a hearing. However, the matter must be limited to one disputed issue. Additionally, the issue must be one that can be addressed on the basis of one affidavit filed by each party, no more than 10 pages in length inclusive of exhibits. If the matter involves more than one disputed issue, then the parties need to have reached consent on all but one issue. More information can be found here.
• On June 5, 2020, the BCSC announced parties to a civil matter are once again able to make chambers applications that are estimated to take two hours or less.
  • Parties are still required to follow the Supreme Court Civil Rules when serving and filing their applications or responses, but with a few modifications:
    • Applicants must include their mailing address, as well as an email address and telephone number where the registry may contact them to confirm telephone conferencing information.
    • Applicants must provide their application record to the registry where the hearing is to take place no later than 4:00 PM on the business day that is two full business days before the date set for the hearing. If the application record is not received within this timeframe, the matter will be struck from the chambers list. 
  • The chambers hearings will be heard via telephone conference.
  • If a chambers hearing date is set, at least one day before the hearing date, the registry will send the parties a hearing confirmation email with instructions about how to join the telephone conference and the time that the parties must check in with the court clerk.
• As of May 26, 2020, parties to a civil matter are now able to file their Affidavits of Service or Delivery online. If they are unable to file online, parties can file their affidavits by fax, mail, or secure drop box.
  • All civil trials that were scheduled to begin on or before June 5, 2020 were adjourned, and all civil trials scheduled to begin on or after June 8, 2020 have resumed unless the court directed otherwise. 
• Since March 25, 2020, the Registry has only been accepting filings by fax, mail, online, or via secure drop box. In-person services remain suspended. 

BC Court of Appeal (BCCA)

Effective April 11, 2022, the Chief Justice of British Columbia has directed  following changes to pandemic-related measures in courthouses and courtrooms:

• Sheriffs will no longer conduct a health screening for people entering a courthouse.

• In the public areas of the courthouse, wearing face masks will be a matter of personal choice.

• In a courtroom, wearing (or not) of face masks is subject to the direction of the presiding judge or registrar. A supply of face masks will be made available in the courthouses and courtrooms.

• Hand sanitizer will be available in the courtroom and plexiglass barriers remain in place.

• Capacity limits in courthouses and courtrooms are lifted.

• Parties, counsel, and other courtroom participants may not bring their own water into the courtroom. Water will be supplied.

• Physical distancing requirements will be removed.

Effective February 14, 2022, the Chief Justice of British Columbia has directed that all appeal hearings and chambers proceedings will take place in person in the courtroom, with the exception being when individual parties apply or elect to appear remotely. 

Past updates

As of July 22, 2020:

• Service and filing deadlines have been suspended further from July 27, 2020 to August 5, 2020.
• The required time periods to start a civil action were suspended on March 26, 2020 and will remain suspended until the state of emergency declared by the province expires or is cancelled.
• The registry is accepting filings in all matters.
  • Electronic filing remains mandatory for parties to a civil matter who are represented by a lawyer, and optional for self-represented parties.
  • Parties are encouraged to advance their appeals if they are able to do so. All appeals will be heard by video-conferencing using Zoom, unless the court directs otherwise.
  • All chambers applications will be heard either by teleconference or in writing.
    • Materials must be filed and served according to timelines set under the Court of Appeal Act, Court of Appeal Rules, and the Court’s Civil Practice Directives. 

Federal Courts

Federal Court

In light of the fact that the risks of COVID-19 are significantly less in Western Canada and in Atlantic Canada, the court has made amendments to its practice direction to reflect this.

• As of July 9, 2020:
  • The Suspension Period expired on June 15, 2020 in Western and Atlantic Canada.
  • The Suspension Period expired in Ontario, Quebec and the three territories on June 29, 2020.
  • There is a two week buffer period upon the expiration of each Suspension Period, in which timelines continue to be suspended for filing documents and taking other procedural steps.

• As of June 11, 2020:
  • The Court is extending the suspension period in Western and Atlantic Canada to June 15, 2020.
  • The Court will not be holding hearings in Western or Atlantic Canada before July 13, 2020 and the timelines with respect to filing documents in Federal Court proceedings in these provinces are extended to June 29, 2020.
  • The Court is encouraging parties to file their documents electronically however the Court’s Registry counters in Western and Atlantic Canada will be reopening on June 29, 2020 with reduced staff. 

Federal Court of Appeal

The Federal Court of Appeal temporarily suspended filing deadlines on March 19, 2020.

• On June 11, 2020, the Court announced a phasing out of this suspension period.
  • Certain files will be designated as “Selected Files” – these files are no longer subject to the suspension period, meaning that the parties will have to file documents according to the deadlines set under the Federal Court Rules.
  • The first list of Selected files was released on June 22, 2020 and can be found here.

A new list of Selected files is to be published every Monday subsequent to June 22, 2020.

Supreme Court of Canada (SCC)

Deadlines set under the Supreme Court of Canada Rules have been suspended until further notice since March 25, 2020. However some deadlines, including those imposed by statute, remain in force (e.g. deadlines for filing applications for leave to appeal and notices of appeal). 

Parties are still able to file their documents during the suspension period. Information on how to electronically file your documents can be found here. Parties are encouraged to serve and file documents via email and the court is now processing written submissions using electronic means. 

The SCC Registrar will issue a directive on how to file paper copies of documents once the SCC building is reopened.

Please bookmark this page to monitor additional Covid-19 court updates as the pandemic situation evolves in both provincial and federal courts.

The preceding content is for informational purposes only and does not constitute legal or professional advice. To obtain such advice, please contact our offices directly.