Government measures in key jurisdictions 3rd edition final - Flipbook - Page 30
Canada
Litigation
Are the courts
operating?
Most courts across Canada have adopted an essential services model and have limited the manner
and types of hearings that can proceed before them, focussing on urgent and essential matters.
Many categories of cases have been adjourned indefinitely.
However, as the pandemic has continued, there has been a gradual re-opening of courts and
increase of the categories of cases, in particular, non-urgent matters, that can proceed. Some
courts are now implementing email filing measures and holding hearings by video or
teleconference. But when the courts re-open, they are likely to prioritize criminal cases, because of
the constitutional obligation to resolve criminal cases within a reasonable period of time. Access to
the court will have to be assessed on a court-by-court basis. Accordingly, you should consult with
your legal counsel to assess your options.
Many commercial disputes are well-suited to being resolved through arbitration. Arbitration’s
traditional advantages of greater speed, lower costs, and greater flexibility as compared to litigation
give it an even greater edge when courts are closed.
More information can be found here.
The Ontario provincial government has activated its powers under the EMCPA, which has had
a significant impact on limitation periods in Ontario.
In accordance with the EMCPA, any limitation period and procedural time periods
have been suspended (the Suspension Order). This suspends any time-limiting provision
in any statute, regulation, rule, bylaw or order of the Ontario government for all proceedings
in Ontario. The suspension is retroactive to March 16, 2020.
On June 5, 2020, the Ontario government amended the Suspension Order to extend the effect of
the order.
The amendments strike out the words “for the duration of the emergency” from the Suspension
Order so that the it will no longer be tied to the duration of the “emergency” that the government
previously declared. In other words, the Suspension Order will now remain in effect irrespective of
whether the Ontario government later decides to rescind or extend its declaration that there is a
state of “emergency” in the province.
Second, the amendments renewed the Suspension Order, currently effective up to June 14, 2020,
to extend its application for an additional 90 days from June 13, 2020. The extension was the
maximum amount of time that a temporary suspension could be ordered pursuant to
the EMCPA. The amendment provides that the last day that the Suspension Order will apply is
September 11, 2020.
The effect of these amendments is that limitation periods and other affected time limits will begin
to run again on September 11, 2020, unless the Suspension Order is further renewed by a
government order.
British Columbia has suspended filing deadlines of Family and Civil claims until May
1, 2020, but all other filing deadlines and limitation periods continue to apply.
Further details of the temporary changes to limitation periods are located here.
30
Government measures in key jurisdictions