The Federal Court has issued a further COVID update:
I have been in a (virtual) trial this week so here are some catch up items from the last while:
A couple of more COVID related announcements:
Andrew Little of Bennett Jones was appointed to the Federal Court today. Justice René LeBlanc of the Federal Court was elevated to the Federal Court of Appeal to replace Justice Gauthier, who elected to become a supernumerary judge.
The Federal Court has issued an updated Practice Notice and Order relating to the suspension and resumption of hearings due to COVID-19. The Court’s Suspension Period is extended to May 29th and regular hearings up to June 29th are adjourned sine die with exceptions.
The Federal Court of Appeal has issued a further notice regarding the re-activation of proceedings suspended in March (see earlier post). The notice indicates that proceedings that are ready to proceed will be triaged into those that can be decided in writing, those that can proceed by video/phone, and those that should be deferred for an in-person hearing.
Over the weekend, the Federal Court issued an updated Practice Notice extending the suspension period until May 15th and addressing other issues including scheduling of hearings by video/phone and filing/service of materials.
The Federal Court has posted a FAQ on how it is handling the suspension of hearings and deadlines in view of its Practice Notice posted on March 17 (see earlier post). An amended Practice Notice is expected in the coming days. The FAQ addresses a number of issues including fixed dates: “Any specific date fixed by order or direction for completion of a step in a proceeding that is governed by the Practice Direction is extended for a period equivalent to the Suspension Period.” See the FAQ for more details.
In an announcement late Tuesday, the Federal Court announced that, “All Federal Court hearings previously scheduled to be heard between now and April 17, 2020 are being adjourned sine die” except for urgent or exceptional situations. In addition, “The running of all timelines under Orders and Directions of the Court made prior to March 18, 2020, 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, is being suspended for the Suspension Period. All other statutory filing deadlines continue to apply. “
The Federal Court announced that it is suspending in-person hearings until March 27th, stating that, “Court facilities will be closed to visitors, though the Court will remain open for urgent case-related matters. … All General Sittings of the Court are cancelled … All other hearings and trials of the Court previously scheduled to proceed during this two-week period are adjourned sine die” but hearings scheduled by telephone will go ahead. See the notice for details including on electronic filing/service and rescheduling. Federal Court of Appeal issued its own notice and says, hearings, “during the weeks of March 16th and 23rd 2020 remain on the hearing list.” but is making use of video/telephone conferencing and receiving requests for adjournment.