Early Highlights From The Ontario Court's 'Urgent-Only' Regime

What just happened? Following just over a week of remote working with many businesses and schools closed, many of us are looking back at just how much has changed. Our colleague has provided a helpful recap of the official court restrictions and guidelines across Canada in her article, " Updates From Canadian Courts In Response To Covid-19 Pandemic." This past week has shown us that limitation periods can be suspended, and that courts in Ontario can and will act quickly to ensure access to justice during this pandemic. The courts will insist that parties cooperate in order to resolve or postpone hearings, while continuing to make themselves available for urgent matters.

In this bulletin we will provide takeaways from the limited number of court hearings that took place since March 15, 2020 despite the many court restrictions.

Court Restrictions

Specifically the Ontario courts have taken steps to limit non-urgent matters, including the following:

The Court of Appeal: Regularly scheduled appeals are suspended until April 3, 2020. Urgent appeals can be heard upon request, based either on the written materials or via videoconference/teleconference. Parties can also request that non-urgent appeals be heard in writing. Superior Court of Justice: For civil and family matters, only the following urgent and emergency matters shall be heard: Urgent and time-sensitive motions and applications in civil and commercial list matters, where immediate and significant financial repercussions may result if there is no judicial hearing; Outstanding warrants issued in relation to a Small Claims Court or Superior Court civil proceeding; Matters related to Public Health and Safety and COVID-19 (for example applications by the Chief Medical Officer of Health, or certain applications related to the Health Protection and Promotion Act); Family and child protection matters (such as urgent relief relating to the safety or well-being of a child, or dire issues regarding the parties' financial circumstances); Any other matter that the Court deems necessary and appropriate to hear on an urgent basis. These matters will be strictly limited. Ontario Court of Justice: For criminal matters, a reduced number of courtrooms will be used, focusing on in-custody accused persons. Most regular appearances will be adjourned by 10 weeks. The criminal courts will make full use of video and audio technology. Endorsements and Decisions

Though not all civil in nature, many of the decisions and endorsements from this past week demonstrate how the courts have, in both substance and process, adapted to the rapidly changing times. These decisions include the following:

Interim resolution strongly...