The Superior Courts remain open for “time sensitive and urgent” matters. What qualifies as time sensitive and urgent is still being determined and will develop over the coming days and weeks. The Court has stated that for civil matters, at minimum, urgent cases are those where “immediate and significant financial repercussions may result if there is no judicial hearing.” Judges retain the discretion to determine whether any particular case is necessary and appropriate to hear on an urgent basis.
The Ontario Superior Court and Court of Appeal have temporarily suspended normal operations. All matters in the Superior Court throughout the province that were scheduled to be heard after March 17 have been adjourned until further notice, even if the hearings were scheduled to be heard by videoconference or telephone. The same is true for Ontario tribunals, including the Local Planning Appeal Tribunal, Landlord and Tenant Board and Human Rights Tribunal of Ontario.
With respect to filings, registries at the Superior Court and the Court of Appeal are closed for in-person filings. The courts are now temporarily accepting filings over email. Statements of claim can be issued online. For matters in the Superior Court that require affidavits, the Superior Court’s March 15 Notice to the Profession states that an unsworn affidavit may be provided if the affiant is able to participate in the hearing. The Law Society of Ontario has stated that, at least on a temporary basis during the state of emergency, it will interpret the legal requirements for being present to commission an affidavit to allow for “remote commissioning” through means such as video conferencing.
We have already seen a flurry of COVID-19 related litigation in the US and the beginnings of similar activity across Canada. As businesses struggle to deal with the significant and complicated health, safety, economic, and operating issues the pandemic presents, it is therefore essential that they also take action to mitigate related litigation risks. Businesses and their counsel would, among other things, be wise to consider the following proactive steps:
We would be pleased to assist you and your organization in evaluating any of the above or to provide additional advice, including implementation of risk management and pre-litigation strategies specific to your organization or business.
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