This pandemic has affected every aspect of our daily lives in profound ways. However, our firm is still operating as usual albeit remotely, as legal services were deemed an essential service by the province. From a procedural standpoint, there have been a number of changes due to the closure of courts.

Suspension of Limitation Periods

Under the Emergency Management and Civil Protection Act, limitation periods have been suspended retroactive to March 16, 2020, along with procedural deadlines in the Rules of Civil Procedure, although the Superior Court of Justice’s Consolidated Notice has encouraged all litigants to continue to move their matter along and comply with the Rules as much as possible through virtual means. Though claims can still be issued electronically, this suspension will significantly delay proceedings as courts will not be hearing the majority of non-urgent matters until further notice.

Medical Examinations

There may be significant delays in obtaining medical records or to schedule examinations. Ontario announced that on May 27, 2020, a number of health care providers including dentists, optometrists, massage therapists, chiropractors, physiotherapists, psychologists etc. can return to work once health and safety guidelines are met. However, this does not mean that these providers can begin seeing their patients right away. Premier Doug Ford noted that “health regulatory colleges are now in the process of developing guidance to ensure high-quality and safe clinical care that must be met before services can resume.”

Examinations for Discovery and Mediation

Examinations for Discovery and/or mediations may be cancelled, postponed or conducted virtually using video-conferencing software. Though these are less than ideal conditions, if all parties consent to using video-conferencing this could bring about speedier outcomes for a case than waiting for these steps to resume in-person. However, additional precautionary measures should be taken regarding privacy concerns and ensuring high-quality video and audio.

Delays in Scheduling Motions and Trials

Currently, Ontario Superior Court is not hearing any in-person court matters until July 6, 2020, at the earliest, although they have a list of matters that can be heard virtually which they plan to continue to expand. Civil jury selection or jury trials will also not re-commence at the earliest until September 2020. This can leave the most contentious cases at a standstill until a trial can be scheduled. Considering how long civil proceedings can remain in the legal system, this will delay matters even further.

The above information is general in nature and if you have a specific question related to your personal injury matter contact Marc G. Spivak, managing partner of the personal injury group at marc.spivak@devrylaw.ca or 416-446-5855.

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”