Answers to your questions in regards to the Registry and Courtroom practices and procedures during the Covid-19 pandemic
1. Do serving and filing deadlines still apply?
The deadline for serving and filing an application for leave to appeal or a notice of appeal in respect of a proceeding respecting an offence is not affected by the Covid-19 pandemic. Parties are required to have served and filed the notice of application for leave to appeal or the notice of appeal within the mandatory deadlines. Parties may seek an extension of time by way of a motion, and, if applicable, may cite in support that circumstances related to Covid-19 prevented timely service and filing.
2. How do I calculate times for serving and filing my documents?
In order to properly calculate deadlines as set out in the Rules of the Supreme Court of Canada for all cases and the Supreme Court Act for civil cases only, please refer to the How to Calculate Deadlines for Serving and Filing Documents page of the website which includes an automated date calculator.
Please note that any deadlines that were imposed by an order of the Court, a judge or the Registrar continue to apply. If a deadline was imposed by direction, instead of by order, please contact the Registry for clarification.
3. Can I continue to file documents electronically only or do I need to file paper copies?
Parties must file paper copies of the following appeal documents: the original and 23 copies of the printed version of the factum; 20 copies of the printed version of any volume of the record containing Part I; and 14 copies of the printed version of the condensed book.
All other appeal and leave documents, whether originating or not, are to be filed by email. The original paper copies must also be filed subsequently within a reasonable time however, any additional paper copies need not be filed, unless requested.
4. I am a self-represented litigant, how should I file documents?
Self-represented litigants are asked to serve and file all documents by email if possible. If not, you may file paper copies.
5. How do I file paper copies?
All deliveries via courier services must be done through the mail reception hut next to the west garage entrance. Please park outside the entrance and see the Commissionaire for screening. Individual deliveries of court documents intended for the Registry must be made through the regular security screening process at the East entrance of the SCC building for filing via E-filing lockers. **Please note that business may be conducted with the Registry Office starting in October 2022 on a first come first serve basis via an appointment booking system. Individuals must request access via email to email@example.com.**
6. What about documents for use at hearings?
Parties are asked to file with the Court an electronic version and fourteen (14) printed versions of the condensed book a minimum of two (2) business days before the hearing of the appeal.
7. Is an electronically commissioned affidavit accepted for filing?
An electronically commissioned affidavit will be accepted for filing if valid in the jurisdiction in which it was sworn or attested.
8. Do I need to file a motion for an extension of time?
If any circumstances, including circumstances related to Covid-19 prevent timely service and filing of court documents, parties must request an extension of time by way of a motion to be served and filed together with those documents.
9. How do I provide proof of service?
Proof of service may be filed by email.
10. How do I pay the filing fees?
All parties are required to pay their respective filing fees, per usual practice, by way of credit card payment or cheque/money order. A member of the Registry team will be in contact with counsel (or the applicant/appellant if self-represented) for payments on applications for leave to appeal and/or motions if needed. Parties are to ensure up to date contact information is included with the material filed.
11. Is the Court continuing to issue judgments on leave and on appeal?
Yes. The Court will continue to issue judgments on applications for leave and on appeal, as it did throughout the suspension period.
12. Which counsel’s names will be recorded in the published reasons for judgment?
The Registrar has the discretion to limit the number of counsel who appear before the Court, to ensure the proper conduct of an appeal hearing. Only counsel who appear for the hearing will be listed in the published reasons for judgment. The purpose of that list in the reasons for judgment is to provide a record of counsel who officially appeared before the Court at the hearing, not to list everyone who contributed to the file for each party.
13. Is the Court proceeding with the hearing of appeals?
Yes. The hearing schedule can be found on the Court’s website.
14. Do you take video recordings of virtual hearings?
SCC hearings are webcasted live allowing guests, other counsel and the public to view the hearing. In most cases the webcast is then archived/posted on the SCC website
15. Can I come and view a court file?
Viewing of court files at the Supreme Court building continues to be suspended until further notice. However, members of the media and the general public may request court documents that are not available on the website by contacting the Court Records Centre at firstname.lastname@example.org.
16. Is the Supreme Court of Canada building open to the public?
The Supreme Court of Canada building is reopening to the public on a gradual basis starting in October 2022. A limited number of members of the public and of the media will be permitted to access the building to observe an appeal hearing and/or conduct business with the Registry Branch. Members of the public will be required to send an email request for an appointment to the Registry at email@example.com while members of the media will be required to send an email request to firstname.lastname@example.org. (* Important note: this booking system is not intended for use by counsel to reserve seats for clients for upcoming hearings)
17. Further questions?
Should you have any questions in regard to case-related matters, we strongly encourage you to send your questions by email to email@example.com as our capacity to respond to telephone inquiries is reduced. Telephone calls made to the Registry’s toll-free line (1-844-365-9662) will only be answered from 8:00 a.m. to 5:00 p.m. Eastern time. We appreciate your patience and understanding.
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