The Government And Legal Profession Continue To Take Measures To Maintain Access To Justice In The Midst Of The Pandemic

The COVID-19 Pandemic continues to cause widespread shutdown of many businesses and services across Ontario. Although law firms (and lawyers in general) have been deemed to be an essential service by the province and are therefore exempt from the recent government shutdown, many law practices are encouraging lawyers and support staff to work from home as we all work to "flatten the curve".

Government, the courts and the legal profession have taken meaningful actions to accommodate the litigation bar allowing us to keep practicing during this difficult time. For instance, last week limitation periods were suspended in Ontario and a number of Superior Court decisions were released as the court worked to deal with urgent matters.

This week, a number of other measures were announced to keep the legal system moving during this extraordinary time:

An order was issued under the Emergency Management and Civil Protection Act to amend the rules for service on the Crown and related entities, including the office of the Children's Lawyer, the Public Guardian and Trustee and the Director of the Family Responsibility Office. The order states that all documents served on those entities must be served by email, rather than in person. Each entity has a specific address for service, which can all be found here. Legal Aid Ontario has made some changes to its provision of summary legal services across Ontario. Effective March 24, 2020, people seeking legal aid services through the Family Law Information Centres and summary legal advice for criminal matters will now be able to get help over the phone (rather than in person) by calling 1-800-668.8258. During this time, Legal Aid Ontario is also waiving its regular financial eligibility requirements to receive summary legal advice. The Ministry of the Attorney General Court Services Division issued a Notice to the Legal Profession, expanding the Civil Claims Online service. Ontario has now vastly expanded the types of legal documents eligible for online filing. The documents which can now be filed online include: Jury Notices; All manner of pleadings, including defences, counterclaims, crossclaims and third (or subsequent) party claims; Certificates of Action under the Construction Act; Notices of Discontinuance; and Consents to Discontinuance. Additionally, the expansion of services also enables parties to serve third (or subsequent) party claims and Certificates of Action under the Construction Act...

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