January 21 2022 Virtual Meeting

January 21, 2022

Attendees

Tax Court of Canada (TCC)

  • The Honourable Eugene Rossiter Chief Justice
  • Sophie Matte (SM) Executive Director & General Counsel
  • Donald MacNeil (DM) Registrar

Courts Administration Service (CAS)

  • Darlene Carreau (DC) Chief Administrator
  • Joel Kom (JK) Legal Counsel

Justice Canada (DOJ)

  • Catherine Letellier de St-Just (CLS) Acting Assistant Deputy Minister, Tax Law Services Portfolio
  • Daniel Bourgeois (DB) Senior General Counsel, Tax Law Services Portfolio

Canadian Bar Association (CBA)

  • Mark Tonkovich (MT) – Committee Chair Blake, Cassels & Graydon LLP (Toronto)
  • Neil Bass (NB) - Aird Berlis LLP (Toronto)
  • Timothy Fitzsimmons (TF) - PwC Law LLP (Toronto)
  • Nathalie Goyette (NG) Davies Ward Phillips & Vineberg LLP (Montréal)
  • Pooja Mihailovich (PM) Osler, Hoskin & Harcourt LLP (Toronto)
  • Tamra L. Thomson (TLT) - CBA – Executive Director, Advocacy

I. Welcome

A. Introductory remarks

II. Further update from TCC

A. Impact of COVID-19 on Operations, and Current Plans for In-Person/Virtual Sittings

  1. The CJ provided an update to the Committee. Having further considered guidance from different levels of government and the current pandemic environment since our Committee meeting on January 6, 2022, the Court has determined that all in-person sittings scheduled through to February 14, 2022 will be cancelled. Notice will be posted shortly. The Court will continue to hold case management conferences, motions without evidence, and settlement conferences by conference call, where appropriate. The Court will continue to review existing files scheduled for trial to determine which matters may be set for virtual hearing, based on the same criteria communicated to the public, and reviewed at our January 6 Committee meeting. The CJ noted that uptake for virtual hearings remains very low. The Court expects to make a further determination concerning in-person sittings for subsequent scheduling periods in the coming weeks.
  2. The Committee members brainstormed whether there were further considerations and anything that litigants may do now to prepare for or support alternatives to in-person hearings, but the environment remains a fluid one.

III. Other business

  1. MT noted that another court has invited input from the bar on the possibility of restricting access to its courtrooms based on COVID-19 vaccination status. The CJ confirmed that the Tax Court is very aware of the concerns of the public and of court personnel pertaining to COVID-19. However, the Tax Court is not considering such a policy, appreciating that it is a court for all Canadians, and it is open for business for all Canadians. DC advised that such a restriction is not being considered as a restriction to entry in Federal facilities and there is no policy to restrict access to courtrooms based on vaccination status.

IV. Next meeting

A. Date and Location

  1. The next meeting of the Committee will be scheduled separately.