COVID-19 Legal and Justice System Updates

March 18, 2020

Rapid developments surrounding COVID-19 are deeply concerning but Canadians can be assured that the justice system continues to function on their behalf and the rule of law prevails. That said, all courts are taking measures to adapt as required. Canadians who are engaged in judicial events, are encouraged to consult their respective court website before attending any court matter. Read more.

Monday, March 30

Temporary wage subsidy for employers

The federal government’s temporary wage subsidy for employers has been evolving. Now, many small and medium-sized law firms will be eligible.

The initial announcement offered a subsidy of up to 10% and limited eligible employers to non-profit organizations, registered charities, and Canadian-controlled private corporations (CCPCs) whose taxable capital employed in Canada for the preceding taxation year was less than $15 million.

Bill C-13, adopted in Parliament on March 25, expanded the definition of eligible employers to include individuals (other than trusts) and partnerships:

a person or partnership that

(a) employs one or more eligible employees;

(b) has, on March 18, 2020, a business number in respect of which the person or partnership is registered with the Minister to make remittances required under this section; and

(c) is any of

(i) a Canadian-controlled private corporation for the purposes of section 125 that

(A) would have a business limit for its last taxation year that ended before the start of the eligible period greater than nil, if the amount determined for paragraph 125(5.‍1)‍(b) were deemed to be nil, or

(B) if the corporation does not have a taxation year that ended before the start of the eligible period, would meet the condition in clause (A) if its taxation year ended immediately before the start of the eligible period,

(ii) an individual (other than a trust),

(iii) a partnership, all of the members of which are described in subparagraphs (i) to (iii) or (v),

(iv) a person exempt from tax under Part I because of paragraph 149(1)‍(l), and

(v) a registered charity.

The government announced on March 27 that the wage subsidy will be up to 75% for qualifying businesses, for up to three months, retroactive to March 15. More details on eligibility criteria will be available soon and will start with the impact of COVID-19 on sales.

We will post details on this and other programs as soon as they are available.

Friday, March 27

Supreme Court of Canada cases scheduled for hearing in March, April and May are adjourned, tentatively, to the month of June 2020. Read more.

Monday, March 23

The Tax Court of Canada has cancelled all sittings and conference calls scheduled to May 1, 2020. The period from March 16 to May 1st, 2020 is excluded from the computation of time under the Rules and Order or Direction of the Court made before March 16. The Chief Justice will continue to monitor and reassess the situation on April 14, 2020. Read more.

Friday, March 20

Immigration and Refugee Board of Canada front offices are closed, meaning that hand-delivered correspondence is no longer accepted. COVID-related measures are in place to grant temporary extensions. Read more.

The Social Security Tribunal is not holding in-person or video hearings. Teleconference hearings are not impacted at this time. Read more.

Wednesday, March 18

The Commissioner of Competition released information on impacts to the Bureau’s enforcement processes as a result of the COVID-19 pandemic. Read more.

The Canadian Judicial Council has compiled information from superior court and court of appeal websites across Canada. Read more.

The Federal Court of Canada has issued Practice Direction and Order (COVID-19), further restricting the scope of its operations in the coming weeks. Read more.

The Tax Court of Canada has issued Practice Direction and Order, cancelling all its judicial activities through March 27, 2020. Read more.

The Federal Court of Appeal has issued Update on Court Operations in light of COVID-19, adjourning all scheduled hearings through April 17, 2020. Read more.

Each Court, tribunal and board is determining its COVID-19 response. Please check with the relevant court, tribunal or board for the most up-to-date information.

Resources

  1. Supreme Court of Canada
  2. Federal Court
    Federal Court of Appeal
    Federal Court of Canada
  3. Tax Court of Canada
  4. Alberta
    Court of Queen’s Bench 
    Court of Appeal for Alberta
  5. British Columbia 
    Court of Appeal for British Columbia 
    Supreme Court of British Columbia
  6. Manitoba
    All courts
  7. New Brunswick 
    All courts
  8. Newfoundland and Labrador
    Supreme Court of Newfoundland and Labrador 
    Court of Appeal for Newfoundland and Labrador 
  9. Nova Scotia
    All courts
  10. Northwest Territories 
    All courts
  11. Nunavut
    All courts
  12. Ontario
    Superior Court of Justice 
    Court of Appeal for Ontario
  13. Prince Edward Island
    All courts
  14. Quebec 
    Superior Court of Quebec (French only)
    Quebec Court of Appeal
  15. Saskatchewan
    All courts
  16. Yukon
    All courts