Important note: At NSRLP we are working as hard as possible to update this page as often as we can. However, since the situation changes constantly, we recommend you also check the website for the court that is handling your case (see below).

Last updated March 29, 2022

Dear SRL community,

We hope that you are all doing as well as possible under these very difficult circumstances, and taking care of yourselves and one another.

We thought that something NSRLP could do to support you would be to provide some concrete information about court closures and procedure changes, and now information on how courts are beginning to reopen (see below).

You may wish to consult the following page on the Canadian Judicial Council site, which is providing continuous updates: https://cjc-ccm.ca/en

We are updating this page with changing information as often as we can. We have focused here on civil and family matters.

At the end of the list of court closures you will also find information on health and safety directives and procedures coming from the courts as they begin to reopen and allow some in-person matters.

We also include some further resources for SRLs that may be helpful.

Please bear in mind that NSRLP is now scattered, with our amazing student research assistants back at their homes, and we are all working remotely. But we are hoping to support you still, and please know that even if our response time is slow, we are here!

Some things we recommend you look out for:

  1. You may find that your local court is closed except for “urgent”or “emergency” matters. Some courts are providing examples of what these matters might be, but remember that, (a) this is a new situation and so will develop over the coming days and weeks, and (b) this is within a judge’s discretion, so there may be some local variations. If you think your matter might be “urgent”or an “emergency”, please look on the appropriate court website for information and/or contact your local pro bono services (see our list here). You can also refer to our page, “Urgent Court Cases and COVID-19” for more information and examples of types of matters that have been deemed urgent.
  2. Some courts are still accepting filing, electronically or by mail only because they have shut their registries. Some say that usual filing deadlines apply, but from our perspective it is hard to see how this will happen –we just don’t know yet. We recommend that if you do have something that is due to be filed and cannot do so electronically, that you make a short written and dated note for your own records explaining this, which you can provide in the future if asked.

Above all, we understand that you may find some of this information confusing (because it is!) and feel understandably anxious about what you should do. We have tried to highlight what is most important, as clearly as possible. Please remember that things are changing all the time and everyone is in the same situation. Requirements are going to inevitably be relaxed. Just do the best you can and keep notes.

Our best to you all – stay safe and healthy.

The NSRLP Team

Following federal courts, information below is broken down by province (in alphabetical order)

Federal Courts

Supreme Court of Canada

The Supreme Court of Canada building is closed to visitors.

Hearings

As of January 11, 2022, matters before the Supreme Court will be held via videoconference. All hearings remain livestreamed and archived (with some exceptions).

Filings

Parties are required to file paper copies of their appeal factums, appeal records, and condensed book. All other appeal or leave documents are to be filed by email only.

Any questions should be directed to the registry via email at:  registry-greffe@scc-csc.ca.

For frequently asked questions relating to the SCC during the COVID-19 pandemic, please see here:

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

 Federal Court of Canada

The Court issued Guidelines for Safe Court Facilities and Courtroom Operations in September 2021. The Guidelines can be found here:

https://www.cas-satj.gc.ca/docs/pdf/CAS-External-Guide-EN-Sept-10.pdf

Hearings

For all applications for judicial review and all general sittings (i.e. normal court procedures), the Court continues to hold matters via video conference. Applications can be made for in-person hearings for general sittings.

The Federal Court of Canada uses Zoom.

For more information on the Court’s videoconference hearings, please see here:

https://www.fct-cf.gc.ca/en/pages/online-access/e-hearings#cont

Filings

Parties should use the Court’s e-filing portal to file all documents that do not contain confidential information, portal found here:

https://www.fct-cf.gc.ca/en/pages/online-access/e-filing#cont

Federal Court of Appeal

For a detailed overview of Federal Court of Appeal operations and safety measures during the COVID-19 pandemic, please see here:

https://www.cas-satj.gc.ca/docs/pdf/CAS-External-Guide-EN-Sept-10.pdf

Hearings

The Federal Court of Appeal is currently hearing some appeals in person, and others through video or telephone conferencing. This determination is made by the Court, and litigants will be informed regarding how their matter will proceed.

Filings

In Selected Files, all documents, with the exception of appeal books and application records, may be filed by email sent to FCARegistry-CAFGreffe@cas-satj.gc.ca.

Parties filing via email documents other than appeal books and application records will be exempted from the filing of paper copies.

Appeal books and application records shall be filed in paper form in conformity with the applicable Rules. Parties wishing to file these documents only or partly in electronic format may bring a motion under Rule 369. The motion may be made by informal letter sent to the Registry by email at FCARegistry-CAFGreffe@cas-satj.gc.ca

ALBERTA

To enhance safe access to Alberta courthouses, effective July 6, 2020, all persons entering a courthouse in Alberta shall be required to wear a face mask while in any public area of the courthouse except for a few exceptions found here:

https://www.albertacourts.ca/ca/publications/announcements/notice-to-the-profession-and-public—wearing-masks-in-courthouses

Alberta Provincial Court

For information relating to the operations of Alberta’s provincial court, please see here:

https://www.albertacourts.ca/pc/resources/covid

Alberta Court of Queen’s Bench

Hearings

As of January 4, 2022, the court is continuing with matters as scheduled (any scheduled in-person matters will continue in-person, any remote hearing matters will continue remotely) until the end of January.

Requests can be made to have in-person matters proceed remotely. Please see the below link to find the correct contact information:

https://www.albertacourts.ca/qb/resources/announcements/covid-19-court-schedule-for-the-week-of-january-24-2022

Access to Alberta courthouses is restricted to those involved in a proceeding before the court. The general public will not be admitted. For a detailed list of who is able to enter courthouses, please see here:

https://www.albertacourts.ca/qb/court-operations-schedules/pandemic-operations/docs/default-source/qb/Master-Order-6—COVID-19—English-and-French-Versions—January-4-2022

The Court of Queen’s Bench uses the platform WebEx for their remote hearings.

Filings

Litigants are encouraged to file their documents by email or through a digital uploading process. There are important protocol to follow when e-filing documents for your legal matter. For detailed information on these protocol, please see here:

https://albertacourts.ca/qb/court-operations-schedules/guidelines-for-documents-filed-by-email-or-digital-upload

Effective August 4, 2020, a file labeling system or naming convention system must be followed for all documentation sent to the Court of Queen’s Bench for filing. If this file naming system is not followed, documents will be sent back to you, unfiled, informing you that the proper file naming system was not followed.

If this happens, you will be required to send a new email with files labeled properly. The purpose of the designated naming convention allows for the immediate distribution of your documents to the designated filing area, this will ensure faster processing of your filing request. The naming conventions or file labeling instructions can be found here:

https://www.albertacourts.ca/qb/resources/announcements/new-email-filing-procedure

Alberta Court of Appeal

As of February 2022, all matters before the Court of Appeal will be held remotely until April 29, 2022.

https://www.albertacourts.ca/ca/publications/announcements/covid/notice-to-the-profession-and-public—covid-19-electronic-hearings-extended-to-april-29-2022

Filings

As of March 1, 2021, e-filing is mandatory at the Court of Appeal. A person may apply for exemption. To apply for exemption, one must contact a case management officer. For more information see:

https://albertacourts.ca/ca/publications/announcements/notice—mandatory-electronic-filing

The Practice Direction on Electronic Filing can be found here:

https://cams.albertacourts.ca/public-portal/files/practiceDirection.pdf

BRITISH COLUMBIA

The People’s Law School has created a webpage called “Coronavirus: Your Legal Questions Answered” with some common FAQs around employment, neighbours, money, etc.

As well, Clicklaw Wikibooks has put together some information for BC residents around COVID-19.

BC Provincial Court

For information relating to the operations of British Columbia’s provincial court, please see here:

https://www.provincialcourt.bc.ca/COVID19

BC Supreme Court

British Columbia has entered Stage 3 of its Reopening Plan, and has relaxed some public health measures. The Supreme Court will continue to enforce their current COVID-19 protocols at this time, though wearing masks in common areas is now recommended. Masks remain required inside the courtrooms.

Hearings

Hearings at the Supreme Court are conducted using Microsoft Teams.

The BCSC is determining whether matters will proceed in-person or virtually two weeks in advance. Due to the evolving nature of BCSC operations, it is imperative litigants contact their courthouse directly.

The Court continues to hear matters by video or audio conference. Courthouses may have different operational capacities. Please contact the courthouse presiding over your matter for the most accurate guidance.

Trial management conferences scheduled on or after June 1, 2020 will proceed by telephone. Trial management conferences for family or civil trials (scheduled to begin on or after June 8, 2020) may be rebooked.

For information and guidance on videoconferencing before the Supreme Court, please see here:

https://www.bccourts.ca/supreme_court/documents/COVID-19_Notice_No.35_Remote_Video_Conference_Hearings.pdf

Filings

People are encouraged to file their documents via mail, email, fax or using Court Services Online. In person filing is possible, though access to the courthouses remains restricted.

For the most accurate and up-to-date information, please contact your local court registry.

Affidavits of service or delivery may be e-filed through Court Services Online. If the hearing date is imminent, the party e-filing through Court Services Online should request filing on an urgent basis. This option is available at “Step 1B: Rush Details” illustrated in Appendix A. The party should choose “Other” and include the hearing date and time and method of appearance in the comment field (e.g., “Needed for hearing set for May 29, 2020 at 9:30 a.m. by phone”). See Appendix A:

https://www.bccourts.ca/supreme_court/documents/Covid-19_Notice_No.24_Affidavits_of_Service_or_Delivery_May_26_2020.pdf

BC Court of Appeal

Access Pro-Bono has a dedicated appeals program. The Court of Appeal has directed inquiries to Heather Wojcik, who can be reached by telephone at (604) 424-8286. There is also a website that might provide useful information: accessprobono.ca.

The Court of Appeal has created a flow chart intended to assist with understanding the current appeal process. Please see here:

https://www.bccourts.ca/Court_of_Appeal/documents/COVID-19_ca_appeal_process_appellants_final.pdf.

Hearings

As of January 4, 2022, all appeal and chambers hearings will take place remotely via video conference. All litigants must complete and submit the Court Proceedings Form at least 10 business days before the appeal hearing. For more information, please see here:

https://www.bccourts.ca/Court_of_Appeal/documents/Notice_RE_Modified_CA_Procedures_COVID-19.pdf

The Court of Appeal uses Zoom for virtual hearings.

Filings

Online filing can be done for civil appeals at the Court of Appeal.

For civil appeals where e-filing is utilized, it must be done using Court Services Online. This includes self-represented litigants, who are encouraged to e-file. For more information on e-filing, including detailed information for using the e-filing service, please see here:

https://www.bccourts.ca/Court_of_Appeal/documents/Notice_to_Public_re_Modified_Filing_Civil_Criminal.pdf

E-filing is not required for documents which exceed 300 pages. Any document which exceeds the 100MB size must be divided into separate volumes of 100MB or filed by paper.

For more detailed information on filing at the Court of Appeal, please see here:

https://www.bccourts.ca/Court_of_Appeal/documents/Notice_to_Public_re_Modified_Filing_Civil_Criminal.pdf

MANITOBA

Manitoba Courts use Microsoft Teams as their videoconferencing platform. Please see below for a tutorial from the Courts on how to use the software:

http://www.manitobacourts.mb.ca/video-library/#Microsoft_teams

Manitoba Queen’s Bench

Hearings

Until March 4, 2022, all civil trials will be proceeding by video conference. If all parties to a proceeding are not represented by counsel they must contact the pre-trial judge to reschedule a new trial date.

All non-trial civil matters continue to be heard by video or audio conference.

For more information on the current operation of the Queen’s Bench, please see here:

https://www.manitobacourts.mb.ca/site/assets/files/1994/qb_notice_-_adjustments_to_current_scheduling_protocols_-_jan_10_to_mar_4_2022_for_the_court_of_queen_s_bench_gd_and_fd_2021_dec_24.pdf

Manitoba Court of Appeal

Hearings

Until a date to be determined, all appeals will be heard remotely by videoconference.

Until a date to be determined, all motions and applications will be heard remotely by teleconference.

Filings

The Registry remains open for filings, with social distancing measures in place. Filing deadlines remain in place, but judges have been asked to exercise their discretion, mindful of the special circumstances arising from the COVID-19 situation when considering any extension of time requests or special accommodation requests. Statutory deadlines (limitation periods) remain in place.

NEW BRUNSWICK

NEW BRUNSWICK

As of March 14, 2022, the province of New Brunswick has lifted all remaining COVID-19 mandatory measures.

New Brunswick Court of Queen’s Bench

Hearings

Matters before the Queen’s Bench continue to be conducted in-person with strict public safety protocols in place.

Judges will schedule pre-hearing case management phone conferences before an in-person hearing to make sure the parties understand and will follow necessary procedures.

Parties are strongly encouraged to exchange all documents electronically before the hearing to prevent physically sharing documents.

If a party plans to call a witness who, for COVID-19 related reasons, cannot attend the courthouse in person, they can request their appearance be by videoconference. These requests are subject to the presiding Judge’s approve. This request must be raised during the pre-hearing telephone conference.

Filings

The clerks of the Queen’s Bench will continue to serve clients by appointment.

The filing of documents will be accepted in the Court of Queen’s Bench (Trial Division and Family Division) and Small Claims Court, by mail, courier, fax, electronic filing by email, or by leaving the documents in a secure box set out for that purpose and located near the front entrance in each Court House.

Submission of original copies, the required copies, and filing fees in each of these Courts may also be left in a secure drop box set out for that purpose and located in a designated place in each Court House. Electronic filing by email will only be accepted in excusable circumstances when approved by the Clerk/Clerk’s office in advance.

New Brunswick Court of Appeal

Hearings

Motions and status hearings continue to be heard by telephone unless determined otherwise by the Court.

Appeals are to be heard in person. However, parties can request to appear by video conference.

For more information, please see here:

https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/nbca-updated-directive-1.pdf

Filings

Counter services are now available at the Registrar, though all are encouraged to file documents by emailing them to the Registrar at nbca-canb@gnb.ca or by fax at (506) 453 7921. Originals are to be sent by mail.

If fax or email are not possible, documents can be filed by courier or by leaving the document(s) in the secure box located outside of the Registrar’s office.

For more information, please see here:

https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/nbca-updated-directive-1.pdf

NEWFOUNDLAND AND LABRADOR

Provincial Court of Newfoundland and Labrador

For information relating to the operations of Newfoundland’s provincial court, please see here:

https://court.nl.ca/provincial/

Supreme Court of Newfoundland and Labrador

The Provincial Court continues to require that all persons attending a courthouse wear a non-medical mask in public areas of the courthouse, including when entering a courtroom. The presiding judge may permit persons to remove their mask.

Hearings

Until April 1, 2022: all matters continue in a hybrid model. Trials and hearings scheduled as virtual will proceed virtually. Trials and hearings scheduled as in-person will presumably be in person but will be assessed by Court staff to determine if the matter should be heard virtually.

For more information please see here:

https://court.nl.ca/supreme/pdf/2022%2002%2023%20-%20Notice%20to%20the%20Profession%20and%20General%20Public%20-%20Supreme%20Court%20Operations%20for%20March%202022.pdf

Filings

People are encouraged to use the dropboxes at the courthouses for contactless drop-off of their filings.

Email filings are not accepted by the Court.

For more information on filing requirements, please see here:

https://court.nl.ca/supreme/pdf/2022%2002%2023%20-%20Notice%20to%20the%20Profession%20and%20General%20Public%20-%20Supreme%20Court%20Operations%20for%20March%202022.pdf

Court of Appeal of Newfoundland and Labrador

Hearings

As of February 28, appeals and applications will proceed in person unless parties are told otherwise.

For more information, please see here:

https://www.court.nl.ca/appeal/wp-content/uploads/Feb-25-2022-Notice-to-the-Profession-and-General-Public-COA-FINAL_.pdf

 Filings

The Court will accept electronic filings (via email or fax) where a statutory deadline, or limitation period is imminent. Documents should be emailed to coaregistry@appeal.court.nl.ca.

Court of Appeal legal assistance clinics have been suspended until normal operations resume.

The Registry is operational and open to the public during the following hours: 9:00am – 1:00pm and 2:00pm – 4:30 pm. Filing requirements in the Court of Appeal Rules or the Criminal Appeal Rules, whichever is applicable, remain in effect. This includes the electronic filing of an appeal book and factum.

NORTHWEST TERRITORIES

A summary of COVID-19 precautions in place for court hearings can be found here:

https://www.nwtcourts.ca/en/files/notices-and-directives/cpd/Summary%20of%20Court%20facility%20COVID%20precautions.pdf

All court registries will be open for all services during regular posted hours as of 9:30 a.m. on Monday, July 20th, 2020. Remote Services will continue to be offered as follows until further notice for those who do not wish to attend in person:

Documents may be filed by placing them in the drop-box located just inside the front door of the Yellowknife and Hay River courthouses. No drop-box is available at the Inuvik courthouse. All documents must be inserted in an envelope indicating the court for which the documents are intended, and filing instructions must be provided that specify:

  • Whether copies or certified copies are required;
  • How the person filing the documents would like to receive them. The documents can be emailed, or the clerk can arrange for a time for pick up at the front lobby of the courthouse;
  • Contact information for the person filing the documents;
  • Instructions with respect to payment of fees. Fees can be paid by pre-authorized credit card on file, by credit card over the telephone, or by money order or cheque. Cash must not be deposited.

For more information, see:

https://www.nwtcourts.ca/en/files/notices-and-directives/cpd/registry%20in-person%20resumption%20notice.pdf

Territorial Court 

All family and civil matters in Yellowknife will be conducted by teleconference.

Supreme Court

Family and civil chambers matters will be held by teleconference effective January 5, 2022.

For family and civil trials, a pre-trial conference will be held, at which time the court invites parties communicate with the court their preferred way to proceed.

NWT Court of Appeal

No information at this time.

NOVA SCOTIA

Nova Scotia Supreme Court 

Hearings

As of February 14, 2022, the Supreme Court of Nova Scotia will be operating in a safe services model. Jury trials and non-urgent in-person hearings will resume so long as they can be conducted safely.

Masking and physical distancing measures remain in place.

For more information, please see here:

https://www.courts.ns.ca/News_of_Courts/documents/NSSC_Return_to_Safe_Services_Model_02_09_22.pdf

Filings

Electronic filings are no longer permitted. All parties are expected to file paper copies of documents.

Filings will be done using drop-boxes placed at the main entrances of the courthouses.

Nova Scotia Court of Appeal

Hearings

The panel of judges assigned to each appeal will determine how the appeal is to proceed (in-person or virtual).

For a detailed explanation of how matters are proceeding before the court, please see below. Of note, this practice directive remains in effect as of January 2022:

https://www.courts.ns.ca/Appeal_Court/documents/NSCA_PD_Proceedings_during_COVID19_20_06.pdf

Filings

Parties are encouraged to file electronically where possible. E-filing should be compliant with the following instructions:

https://www.courts.ns.ca/Appeal_Court/documents/NSCA_E-Filing_Instructions_11_04_21.pdf

Paper filings continue to be accepted.

NUNAVUT

Please note that Nunavut Court of Justice dockets are once again published online. These are updated at approximately 8 am every morning and again at 12:45pm each day.

Nunavut Court of Justice

No information at this time.

Nunavut Court of Appeal

No information at this time.

ONTARIO 

Due to the COVID-19 pandemic, the operations of Ontario’s courts continue to evolve. Below is an overview of the current state of Ontario’s courts.  Due to the changing nature of public health guidelines, it is important that litigants contact the Court which is hearing their matter for specific guidance on how their hearing will proceed (this page is for general guidance only).

For information about COVID-19 in Ontario, please see www.publichealthontario.ca.

Ontario Court of Justice (OCJ)

For information relating to the operations of Ontario’s provincial court, please see here:

https://www.ontariocourts.ca/ocj/covid-19/

Ontario Superior Court (SCJ)

The Superior Court of Justice is following a directive which was issued on May 19, 2020 and continues to be updated regularly. It can be found here:

https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/consolidated-notice/#1_Urgent_Civil_and_Family_Proceedings.

Hearings

Across Ontario, all civil, family and child protection matters before the Superior Court will be held virtually until at least February 28, 2022.

Different courthouses (regions) may have different directives. Regional notices can be found here:

https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/#REGIONAL_NOTICES

Filings

Documents for both civil and family law matters should be filed online. The Court asks that parties keep their filings as brief as possible. If you are a responding party, your documents must be filed in the same manner as the moving party filed theirs.

Family Law: Non-Urgent Matters

For family law matters, the court is using the Family Submissions Online filing system. Any document that was originally signed, certified or commissioned in paper format should be kept. The online filing system can be found here:

https://www.justiceservices.jus.gov.on.ca/MyAccount/screens/OneKey/login.xhtml?lang=EN

It is important to note that to gain access to the Family Submissions Online filing system, a person must have a “ONe-key” account. To register for a ONe-key account, please see here:

https://www.one-key.gov.on.ca/iaalogin/IAALogin.jsp?GAREASONCODE=-1&GARESOURCEID=QUARTSAPP&GAURI=https://www.services.mah.gov.on.ca/ouiquarts_enu

The online filing system cannot accept all types of documents. The list of documents that can be filed online can be found in section 3, here:

https://www.ontario.ca/page/file-family-court-documents-online#section-2.

The Court Services Division has recently launched a phone hotline for assistance with e-filing for family matters. Litigants can call in at 1-800-980-4962 during business hours. Litigants are also able to email FamilyClaimsOntario@ontario.ca.

Family Law: Urgent Matters

Materials to be filed for an “urgent” proceeding are to be emailed to the relevant court. To determine which email a litigant must send their materials to, please see the relevant Regional notice. Regional notices can be found here:

https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/#REGIONAL_NOTICES

Civil Law: Non-Urgent Matters

For civil law matters, the Court is using the Civil Submissions Online filing system. Any document that was originally signed, certified, or commissioned in paper format should be kept. The online filing system can be found here:

https://www.justiceservices.jus.gov.on.ca/MyAccount/screens/OneKey/login.xhtml?lang=EN

It is important to note that to gain access to the Civil Submissions Online filing system, a person must have a “ONe-key” account. To register for a ONe-key account, please see here:

https://www.one-key.gov.on.ca/iaalogin/IAALogin.jsp?GAREASONCODE=-1&GARESOURCEID=QUARTSAPP&GAURI=https://www.services.mah.gov.on.ca/ouiquarts_enu

Civil Law: Urgent Matters

Materials to be filed for an “urgent” proceeding are to be emailed to the relevant court. To determine which email a litigant must send their materials to, please see the relevant Regional notice. Regional notices can be found here:

https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/#REGIONAL_NOTICES

The Superior Court of Justice has started implementing  CaseLines in Toronto, and for some family matters in the East and Northwest regions of the province. CaseLines is a Cloud-Sharing platform for parties and the Court to exchange documents. For more information, including frequently asked questions, please see here:

Resources

The Court has issued a guide for virtual hearing etiquette, including best practices. It can be found here:

https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/remote-hearings/

SRLs who are seeking assistance for civil matters can contact Pro Bono Ontario’s Free Legal Advice Hotline at 1-855-255-7256.

The Law Society of Ontario has set up an emergency family referral line during COVID-10. This is a telephone line available to SRLs. The service will connect SRLs with a family lawyer who will provide 30 minutes of free legal advice. SRLs can contact either of the following phone numbers to access this service:

1-800-268-7568 (toll-free)

OR

416-947-3310.

Family Law advice is also available from Steps to Justice here:

https://stepstojustice.ca/covid-19/covid%E2%80%9119-family-law

Ontario Court of Appeal (ONCA)

Hearings

Effective April 4, 2022, all appeals and panel motions will be conducted in person. Parties can still choose to appear remotely. Status court and purge court will continue remotely. The court continues to encourage physical distancing.

See paragraphs 71 and 74 for more information:

www.ontariocourts.ca/coa/how-to-proceed-court/covid-19/

Filings

Effective April 4, 2022, in-person counter services at the Court will be offered from Monday to Friday. Parties must continue to file all documents electronically.

For more information, please see paragraphs 64­–67:

www.ontariocourts.ca/coa/how-to-proceed-court/covid-19/

PRINCE EDWARD ISLAND

Supreme Court of PEI and Court of Appeal

Effective September 22, 2021, non-medical masks are required in all indoor areas of courthouses.

Hearings

Hearings

Effective February 22, the Supreme Court of PEI and the PEI Court of Appeal began resuming most matters in-person, subject to direction from the court. Public health measures remain in place.

https://www.courts.pe.ca/sites/www.courts.pe.ca/files/Prothnotary%20Covid/Covid%20Notices/COVID%2019%20-%20UPDATE%20FEBRUARY%2015%2C%202022.pdf

Filings

The same applies to filing: the courthouse drop boxes are to be used only for emergency or urgent matters. Other documents should be emailed to scfilingcourts@pe.ca or you can phone the Registrar at (902) 368-6669.

For further information contact (902) 368-6204 (Court of Appeal) or (902) 368-6025 (Supreme Court).

The Chief Justice of the Court of Appeal and the Chief Justice of the Supreme Court state in a March 25th memo that: “Our public courts are an essential public service. Courts cannot close….(T)his is especially important in the presence of a public health emergency. The courts remain open for urgent or emergency matters, however subject to strict measures to minimize in-person attendances.”

The Court will accept insufficiently sworn affidavits provided that the individual filing the affidavit undertakes to file, prior to the hearing date, an original affidavit that complies with the formal requirements.

Court staff continue to encourage use of the drop box for filings. Filing via e-filing and fax remain as options.

The Court has directed that where possible, lawyers and self-represented litigants use the drop box option for filing. This is a requirement with voluminous filings and filings which are bound and/or tabbed. In cases where the court specifically requests for additional electronic copies of documents, please note this in the email correspondence, and advise that hard copies will be delivered via the drop box.

QUEBEC

The Minister of Justice and Attorney General have announced the lifting of the suspension of deadlines in civil matters and criminal matters from September 1, 2020. The suspension of deadlines for civil proceedings and the deadlines for prescription and forfeiture in civil matters will therefore end on August 31, 2020.

All deadlines after September 1, 2020, including that for the preparation of filing of varying procedures will therefore be automatically extended by 7 months. No action will be required to obtain this extra time. More information can be found here:

https://www.justice.gouv.qc.ca/communiques/levee-de-la-suspension-des-delais-en-matiere-civile-et-en-matiere-penale-a-compter-du-1er-septembre/

Court of Quebec 

Hearings

Matters continue to be heard in person. Masks are no longer required in courthouses where a participant is sitting and not speaking, and there is a barrier or a minimum of 2 metres between persons exist. When litigants or counsel are addressing a judge or the court, they may remove their masks.

Masks remain mandatory when moving within the courtroom and courthouse.

https://courduquebec.ca/fileadmin/cour-du-quebec/centre-de-documentation/covid/en/DirectiveMedicalMasks_en.pdf

Filings

Following a temporary interruption of services, the following registers are now open and are working

Quebec Court of Appeal

Hearings

Masks are no longer required in courthouses where a participant is sitting and not speaking, and there is a barrier or a minimum of 2 metres between persons exist. When litigants or counsel are addressing a judge or the court, they may remove their masks. Masks remain mandatory when moving within the courtroom and courthouse.

https://courdappelduquebec.ca/fileadmin/Fichiers_client/Actualites/2022-02-28_Directive_port_du_masque_medical_EN.pdf

SASKATCHEWAN

Effective July 11, 2021, the Government of Saskatchewan lifted the emergency declaration and all remaining pandemic restrictions.

Saskatchewan Provincial Court

For information relating to the operations of Saskatchewan’s provincial court, please see here:

https://sasklawcourts.ca/provincial-court/

Saskatchewan Court of Queen’s Bench

Hearings

Effective September 7, 2021, the Court of Queen’s Bench will return to pre-pandemic operations with some exceptions.

All civil and family chambers matters continue to be heard by telephone.

Jury trials will resume effective April 4, 2022.

Litigants are encouraged to continue the use of video conferencing where appropriate, such as where videoconferencing may speed up proceedings.

Litigants may be required to wear masks in and out of the courtroom. Masks in common spaces in the courthouse will be determined by the government; masks in courtrooms will be determined by the judge.

Filings

Access to the registry offices is no longer restricted, but people are encouraged to avoid personally attending and communicating with the registry by phone. Parties are asked to file documents by fax, mail or by drop-off box. Drop-off boxes are available at each courthouse. Some e-mail filings are permitted. For more detailed filing information, please contact your local courthouse.

Saskatchewan Court of Appeal

Hearings

Effective Tuesday, September 7, 2021, the Court of Appeal will resume all in-person hearings. This applies to both appeals and applications. However, litigants may choose whether to attend in person, or by WebEx video.

While masks are no longer required, the court or a presiding judge may still require that masks be worn.

For more information on the September 7, 2021 changes, please see here:

https://sasklawcourts.ca/wp-content/uploads/2021/07/CA_Notice_July2021.pdf

Filings

Documents can be delivered to the register for filing by regular mail, email, fax, or by eCourt. For information on eCourt, please see here:

https://ecourt.sasklawcourts.ca/

Filing Deadlines prescribed by statute (i.e. limitation periods) have not changed and are still in place. Anyone who is unable to meet a filing deadline that is not prescribed by statute (i.e. the filing of factums or appeal books) may request an extension by letter or email in advance of the deadline

Litigants are encouraged to contact the registry office by telephone at (306) 787 5358.

YUKON

People attending the Law Courts Building in Whitehorse for court-related business are required to wear face masks. For more information, see:

https://www.yukoncourts.ca/sites/default/files/2020-11/Notice%20to%20the%20Public%20and%20Profession%20November%2020%202020.pdf

Supreme Court of Yukon 

Hearings

As of March 1, 2022, hearings are to be conducted in person. This includes all applications, trials, case conferences, chambers appearances, and judicial settlement conferences.

Masks must be worn within the Courts.

For more information, please see here:

https://www.yukoncourts.ca/sites/default/files/2022-02/covid_update_feb._28_2022_final_0.pdf

 

 

Filings

Email filing is no longer permitted unless there are exceptional circumstances relating to COVID-19.

The Registry will accommodate in-person attendances.

https://www.yukoncourts.ca/sites/default/files/2022-02/covid_update_feb._28_2022_final_0.pdf

Territorial Court of Yukon 

Hearings

Matters are proceeding in person, including trials. There may be circumstances in which participants to a proceeding will not able to be present in the Yukon. The Court will continue to assess whether part of the proceeding can proceed in person as needed.

For more information, please see here:

https://www.yukoncourts.ca/sites/default/files/2022-03/Covid%20Notice%20March%202022_2.pdf

Filings

The Registry is able to accommodate in-person attendances as long as physical distancing can be maintained.

Email filing is no longer permitted. Filing is to be done with the Registrar.

For more information, please see here:

https://www.yukoncourts.ca/sites/default/files/2022-03/Covid%20Notice%20March%202022_2.pdf

Court of Appeal of Yukon 

The Court of Appeal of Yukon will hear all hearings by video conference using the Zoom platform and all chambers applications by teleconference. If you are a participating party, or an observer, instructions on how to attend are available in the Court of Appeal for British Columbia’s Updated Notice to the Public Regarding Access to Court Proceedings During the COVID-19 Pandemic found here:

https://www.bccourts.ca/Court_of_Appeal/documents/Updated_Notice_to_Public_Acces_to_Court_Proceedings_14May2020.pdf

The Court of Appeal of Yukon is adopting the modifications instituted by the Court of Appeal for British Columbia. A list of upcoming hearings and chambers applications is available at http://www.yukoncourts.ca/

Until further notice, the Court of Appeal of Yukon will hear all hearings by video conference using the Zoom platform and all chambers applications by teleconference. Instructions on how to attend are outlined here:

https://www.bccourts.ca/Court_of_Appeal/documents/Updated_Notice_to_Public_re_Access_to_Court_Proceedings_July_7_2020.pdf

https://www.bccourts.ca/Court_of_Appeal/documents/Notice_to_the_Public_re_video_conference_proceedings_July_7_20

Health and Safety Directives in Courts

As some courts are opening up again, certain health requirements are expected to be complied with to enhance safe access to courthouses. In this regard, there are directives and procedures one can expect from the courts. Generally, these include the following, but we encourage you to specifically check the directives for the court you will be attending. Directives and procedures include:

  • Wearing a face mask while in any public area of the courthouse. Attendees may have to bring their own masks, or disposable masks may be provided by the court. In some courts, children within certain age brackets are exempted from this requirement.
  • Persons are to observe physical distancing of 2 metres or 6 feet while in any public area of the courthouse. Some courts have taken steps to ensure this happens by:

– Limiting the capacity in the court rooms to specific numbers
– Installing barriers in courts
– Placing stickers on floors to indicate where to stand and what direction to move in

  • Persons who enter court facilities may be required to use a hand sanitizer.
  • Some courts may require persons to answer screening questions or to complete a symptom screening which includes a temperature check, before entering a courthouse.
  • Persons with symptoms of illness related to COVID-19 are encouraged to stay away from courthouses and will be prevented from entering courthouses if displaying the following symptoms:

– fever
– chills
– cough
– shortness of breath
– sore throat and painful swallowing
– stuffy or runny nose
– loss of sense of smell
– headache
– muscle aches
– fatigue
– loss of appetite
– less commonly, gastrointestinal symptoms like nausea, vomiting, or diarrhea.

Further Resources for SRLs

  • We are also compiling and updating another resource, “Arrangements for Swearing Affidavits During COVID-19” – courts and law societies are making announcements on what is now acceptable for swearing affidavits, and we will continue to track these announcements and update this resource.
  • For parents sharing custody and/or who have access arrangements or support orders in place we have compiled a (growing) list of template social distancing clauses that may be useful.
  • We are tracking the hearing of “urgent” cases across the country, and have outlined what types of matters are being deemed urgent, and provided plain-language summary examples.
  • Self-represented litigants may wish to peruse our collection of “primers” on various topics; these resources include guides on settlement, working with opposing counsel, writing affidavits, conducting legal research, and much more. Many of our primers are also available in audio format – see our SoundCloud page here.
  • The Windsor Law COVID Advocacy Group (WLCAG) is developing a series of infographics based on our legal information pages. These useful guides break down complex information into a more digestible format.

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