If your practice involves any Court work, please note the Registry offices of the Court of Queen’s Bench and the Court of Appeal remain open for filing, see COVID-19 Update.
The Court has now confirmed they are not changing any filing deadlines.
This means deadlines and timelines for filing a pleading or other such document as may be required under The Limitations of Actions Act or other relevant legislation are NOT affected, tolled or waived. You still need to file pleadings in a timely manner unless the potential defendant expressly agrees to extend any limitation period that has not already been missed.
This also means, unless extended by agreement, time limits for filing Statements of Defence or other responding documents must be met. Other filing requirements, whether imposed by the Rules, Court Order, Scheduling Agreement, Case Management or otherwise, remain in effect unless varied in the applicable manner. To the extent that there are other deadlines that have been imposed or agreed to that are not statutorily mandated, the Court invites counsel to accommodate each other given the circumstances. It will be counsel’s obligation to ensure that materials are filed for the purpose of any court hearing on the date that it proceeds.
As long as the Registry offices are open, section 24(2) of The Interpretation Act will NOT apply to extend any time to limit.