MARCH - DECEMBER 2020 (COVID-19 ANNOUNCEMENTS)

December 21, 2020
UPDATE: DEADLINE FOR FILING NEW APPEALS

On 21 December 2020, the government issued Order in Council 655/2020, which repeals the suspension of timelines for filing a new appeal on March 25, 2021.  

The Court has updated its Notice to the Public Regarding the Court of Appeal for British Columbia’s Response to COVID-19 to reflect this change.

It has also made changes to its Notice to the Public Regarding Access to Court Proceedings during the COVID-19 Pandemic to reflect that all appeals are currently taking place by videoconference only until further notice (as previously announced).

November 25, 2020
UPDATE: FACE MASKS OR FACE COVERINGS IN BRITISH COLUMBIA COURTHOUSES

Effective immediately, people attending courthouses in British Columbia are required to wear a face mask or face covering, including in entrances, lobbies, waiting areas, registries, hallways, stairways, restrooms and elevators. In addition, people are required to wear a face mask or face covering in courtrooms unless the presiding judge, justice, master or registrar directs otherwise.

Face masks or face coverings must be worn in a manner that cover a person’s nose and mouth. If you do not have a face mask or face covering, Sheriffs will provide one when you enter the courthouse. While wearing a face mask or face covering can reduce the spread of infection, it does not substitute for physical distancing, which must be maintained whenever possible. The requirement to wear a face mask or face covering does not apply:

• to a child who is less than twelve years of age,
• to a person who is unable to wear a face mask or face covering because of (i) a psychological, behavioural or health condition, or (ii) a physical, cognitive or mental impairment,
• to a person who is unable to put on or remove a face mask or face covering without the assistance of another person,
• if the face mask or face covering is removed temporarily for the purpose of identifying the person wearing it.

In addition, all people attending courthouses in British Columbia are asked to be familiar with all health and safety protocols and to cooperate in following them in order to protect everyone in courthouses in this province.

Click on the links below for more information regarding procedures when attending proceedings in each court:

Court of Appeal for British Columbia

Supreme Court of British Columbia

Provincial Court of British Columbia

November 25, 2020
UPDATED NOTICES TO THE PUBLIC WITH NEW INFORMATION REGARDING FACE MASKS

This updated Notice to the Public Regarding the Court of Appeal's Response to COVID-19 replaces the Notice to the Public issued by the Chief Justice of British Columbia on 6 November 2020 and contains new information regarding mandatory face coverings in section 3.3.2 (in courtroom hearings).

This updated Notice to the Public Regarding Access to Court Proceedings during the Pandemic replaces the Notice to the Public issued by the Chief Justice of British Columbia on 6 November 2020 and contains new information regarding mandatory face coverings in the section regarding access to hearings in the courtroom.

November 9, 2020
APPEAL HEARINGS TO PROCEED BY VIDEOCONFERENCE

Effective immediately and until further notice, all appeal hearings will be heard via Zoom unless otherwise directed. The Chief Justice of British Columbia makes this direction in response to the recent BC public health order aimed at minimizing travel and social contact and encouraging people to work from home where possible. Parties must continue to follow all other directions set out in the various Public Notices of the Court of Appeal. Please complete the Court Proceedings Form at least seven days before the hearing date with an indication of videoconference as the preferred mode of hearing until further notice. Parties who have already scheduled an in person hearing will be contacted by the registry.

November 6, 2020
FACE MASKS IN BRITISH COLUMBIA COURTHOUSES

Chief Justice Bauman, Chief Justice Hinkson and Chief Judge Gillespie have jointly issued the following statement on behalf of all courts in British Columbia:

Effective Monday, November 9, 2020, people attending courthouses in British Columbia are strongly encouraged to wear face masks, including in entrances, waiting areas, registries, hallways, stairways, restrooms and elevators. If you do not have a face mask, Sheriffs will provide one when you enter the courthouse. While wearing a face mask can reduce the spread of infection, it does not substitute for physical distancing, which must be maintained whenever possible. Children under two years of age, persons with a medical condition or disability that inhibits wearing a face mask and persons who are unable to place or remove a face mask without assistance are exempt. In addition, while inside individual courtrooms the presiding judge, justice, master or registrar in a courtroom may modify this recommendation. All people attending courthouses in British Columbia are asked to be familiar with all health and safety protocols and to cooperate in observing them in order to protect everyone in courthouses in this province.

Click on the links below for more information regarding procedures when attending proceedings in each court:

Court of Appeal for British Columbia

Supreme Court of British Columbia

Provincial Court of British Columbia

November 6, 2020
UPDATED NOTICES TO THE PUBLIC WITH NEW INFORMATION REGARDING FACE MASKS

This updated Notice to the Public Regarding the Court of Appeal's Response to COVID-19 replaces the Notice to the Public issued by the Chief Justice of British Columbia on 19 August 2020 and contains new information regarding face masks in section 3.3.2 (in courtroom hearings).

This updated Notice to the Public Regarding Access to Court Proceedings during the Pandemic replaces the Notice to the Public issued by the Chief Justice of British Columbia on 7 July 2020 and contains new information regarding face masks in the section regarding access to hearings in the courtroom.

August 19, 2020
UPDATED NOTICE TO THE PUBLIC - SERVICE AND FILING DEADLINES FURTHER SUSPENDED FROM 19 AUGUST TO 14 SEPTEMBER 2020. THE SUSPENSION OF SERVICE AND FILING DEADLINES WILL NOT BE FURTHER EXTENDED.

This updated Notice to the Public replaces the Notice to the Public issued by the Chief Justice of British Columbia on 4 August 2020. The suspension of service and filing deadlines for existing appeals and chambers applications started on 18 March 2020 and is being extended a final time from 19 August 2020 to 14 September 2020. The suspension of service and filing deadlines will not be further extended. This means that the required time periods to file or serve materials for existing appeals will not start to run again until 14 September 2020. Beginning 14 September you will have the same amount of time to file and serve materials as you would have been entitled to on 18 March 2020.

Note that the suspension of time periods to commence civil or family proceedings started on 26 March 2020 pursuant to Ministerial Order No. M098 and will remain in effect until 45 days after the state of emergency declared under s. 9(1) of the Emergency Program Act on 18 March 2020 expires or is cancelled. For further details review Order in Council 0453 and the Covid-19 Related Measures Act, s. SBC 2020, c.8.  

August 4, 2020
UPDATED NOTICE TO THE PUBLIC - SERVICE AND FILING DEADLINES FURTHER SUSPENDED FROM 5 AUGUST TO 19 AUGUST 2020

This updated Notice to the Public replaces the Notice to the Public issued by the Chief Justice of British Columbia on 22 July 2020. The suspension of service and filing deadlines for existing appeals and chambers applications started on 18 March 2020 and is being extended from 5 August 2020 to 19 August 2020.

July 28, 2020
WEBINAR ON ELECTRONIC FILING IN THE COURT OF APPEAL

On 23 July 2020, the Canadian Bar Association BC Branch hosted a webinar with the Registrar, a paralegal, and a representative of the Court Services Branch concerning electronic filing requirements in the Court of Appeal. You may watch the webinar here.

July 22, 2020
UPDATED NOTICE TO THE PUBLIC - SERVICE AND FILING DEADLINES FURTHER SUSPENDED FROM 27 JULY TO 5 AUGUST 2020

This updated Notice to the Public replaces the Notice to the Public issued by the Chief Justice of British Columbia on 7 July 2020. The suspension of service and filing deadlines for existing appeals and chambers applications started on 18 March 2020 and is being extended from 27 July 2020 to 5 August 2020.

July 7, 2020
UPDATED NOTICE TO THE PUBLIC - SERVICE AND FILING DEADLINES FURTHER SUSPENDED FROM 13 JULY TO 27 JULY 2020; REQUESTS FOR APPEAL HEARINGS IN A COURTROOM OR BY VIDEO CONFERENCE

This updated Notice to the Public replaces the Notice to the Public issued by the Chief Justice of British Columbia on 24 June 2020. The suspension of service and filing deadlines for existing appeals and chambers applications started on 18 March 2020 and is being extended from 13 July 2020 to 27 July 2020.

In addition, as of 13 July 2020, the Court can accommodate appeal hearings in a courtroom or by video conference subject to certain limitations explained in section 3.3 of the Notice. At least seven days before an appeal hearing, counsel/litigants file an updated Court Proceedings Form advising the Court of the preferred mode of hearing (in-courtroom or by video conference). Absent extraordinary circumstances, the Court will allow appeal hearings to proceed by video if requested by any party, and may switch to a video hearing if unexpected circumstances related to COVID-19 come up at any time before the hearing.

July 7, 2020
COURT OF APPEAL REGISTRY COUNTER OPENING 13 JULY 2020 / NOTICE TO THE PUBLIC REGARDING FILING DIRECTIONS IN CIVIL AND CRIMINAL APPEALS

Beginning 13 July 2020, the Court of Appeal Registry will be open to the public. Filings made on or after 14 July 2020 must comply with this new Notice to the Public Regarding Modified Filing Directions in Civil and Criminal Appeals, including a continuing requirement for counsel to e-file in most civil appeals. A checklist and quick guides to assist counsel/litigants with e-filing documents in accordance with these requirements are available here.

July 7, 2020
UPDATED NOTICE TO THE PUBLIC - VIDEO CONFERENCE PROCEEDINGS

This updated Notice to the Public Regarding Video Conference Proceedings replaces the Notice to the Public issued by the Chief Justice of British Columbia on 29 April 2020. It links to the updated Court Proceedings Form (which now asks counsel/litigants to identify their preferred mode of hearing). No changes have been made to the directions for video conference hearing etiquette and decorum.

July 7, 2020
UPDATED NOTICE TO THE PUBLIC - ACCESS TO COURT OF APPEAL PROCEEDINGS

This updated Notice to the Public Regarding Access to Court of Appeal Proceedings replaces the Notice to the Public issued by the Chief Justice of British Columbia on 29 April 2020. It includes new information about access to appeal hearings that take place in a courtroom. The Court of Appeal will continue to post public links to appeal hearings taking place by video conference on its weekly hearing list. Anyone wishing to observe an appeal proceeding should check the weekly hearing list to determine whether the hearing is taking place in a courtroom, by video conference or by other means (e.g. teleconference) and follow the directions in this Notice.

June 24, 2020
UPDATED NOTICE TO THE PUBLIC - SERVICE AND FILING DEADLINES FURTHER SUSPENDED FROM 29 JUNE TO 13 JULY 2020

This updated Notice to the Public replaces the Notice to the Public issued by the Chief Justice of British Columbia on 10 June 2020. The suspension of service and filing deadlines for existing appeals and chambers applications started on 18 March 2020 and is being extended from 29 June 2020 to 13 July 2020. No other information regarding filing instructions, video conference appeals, or teleconference chambers applications has changed.

June 10, 2020
UPDATED NOTICE TO THE PUBLIC - SERVICE AND FILING DEADLINES FURTHER SUSPENDED FROM 15 JUNE TO 29 JUNE 2020

This updated Notice to the Public replaces the Notice to the Public issued by the Chief Justice of British Columbia on 27 May 2020. The suspension of service and filing deadlines for existing appeals and chambers applications started on 18 March 2020 and is being extended from 15 June 2020 to 29 June 2020. No other information regarding filing instructions, video conference appeals, or teleconference chambers applications has changed.

May 27, 2020
UPDATED NOTICE TO THE PUBLIC REGARDING THE COURT OF APPEAL'S RESPONSE TO COVID-19 - FURTHER SUSPENSION OF SERVICE AND FILING DEADLINES

This updated Notice to the Public replaces the Notice to the Public issued by the Chief Justice of British Columbia on 20 April 2020. It includes new information regarding the continued suspension of service and filing deadlines and an amended Court Proceedings by Video Conference Form.

• The suspension of service and filing deadlines for existing appeals and chambers applications started on 18 March 2020 and is being extended from 1 June 2020 to 15 June 2020.
• The Court Proceedings by Video Conference Form now includes a question about personal concerns involved with proceeding by video.
• For more details please review the updated Notice to the Public.

May 14, 2020
PUBLIC LINK TO VIDEO CONFERENCE APPEALS ADDED TO COURT HEARING LIST

Starting Friday May 15, 2020, the Court of Appeal Weekly Hearing List will include public links which you can click on to observe live appeal hearings taking place by video conference. You should click on the link at the time the hearing is set to take place to join the live video conference. You will be able to observe the judges, counsel and litigants participating in the hearing in real time, but they will not be able to see or hear you. Note that the public link may not be posted until the morning the video conference is set to proceed. For more details see the Revised Notice to the Public Regarding Access to Court Proceedings During the Covid-19 Pandemic issued 14 May 2020.

May 11, 2020
WATCH A RECORDED WEBINAR ON MODIFIED OPERATIONS IN THE COURT OF APPEAL

On Friday May 8th Chief Justice Bauman, Registrar Timothy Outerbridge and Legal Counsel Shirley Smiley participated in a panel discussion co-hosted by the Canadian Bar Association BC Branch and the Trial Lawyers Association of BC. In this recording you will hear directly from the Chief Justice regarding the Court of Appeal’s commitment to continuing operations in the “new normal”. You will also hear from the Registrar and Legal Counsel about important procedural changes that have occurred since mid-March and lessons learned during the first week of video-conference appeal hearings.

May 6, 2020
WATCH A RECORDED APPEAL USING ZOOM - TRENCHARD V. WESTSEA CONSTRUCTION LTD.

The appeal hearing in Trenchard v. Westsea Construction Ltd. took place by video conference using Zoom on Tuesday May 5th. You can watch a recording of the proceedings and review the factums at this link. If you wish to use the video recording of this appeal for anything other than personal viewing, please review and adhere to these terms of use. If you have any feedback about the recording, you may write to the Court at Video.Conference.Appeals@bccourts.ca.

May 4, 2020
WEBINAR ON MODIFIED COURT OPERATIONS - 8 MAY 2020

Chief Justice Robert J. Bauman, Registrar Timothy Outerbridge and Legal Counsel Shirley Smiley will present information on modified court operations in the Court of Appeal on Friday May 8th from 12:30 to 2:00 pm in a webinar co-hosted by the Canadian Bar Association BC Branch and the Trial Lawyers Association of British Columbia. The webinar is already fully subscribed, but the Court of Appeal will post a recording of the webinar to this announcements page shortly after it concludes.

April 29, 2020
NOTICE TO THE PUBLIC REGARDING ACCESS TO COURT PROCEEDINGS DURING THE COVID-19 PANDEMIC

This Notice to the Public provides information about attending court proceedings taking place by video or teleconference, and other information regarding access to court records during the COVID-19 pandemic.

April 29, 2020
NOTICE TO THE PUBLIC REGARDING VIDEOCONFERENCE PROCEEDINGS IN THE COURT OF APPEAL

This Notice to the Public contains detailed information about the video conference hearing process, including etiquette and decorum, for appeals beginning 4 May 2020. It includes a step-by-step guide to appearing in a Zoom video conference proceeding.

April 29, 2020
COVID-19 OVERVIEW OF THE APPEAL PROCESS

This flowchart provides an overview of the appeal process. Notes have been added to help people understand how the appeal process has changed during the COVID-19 pandemic.

April 20, 2020
UPDATED NOTICE TO THE PUBLIC REGARDING THE COURT OF APPEAL'S RESPONSE TO COVID-19 - NEW INFORMATION REGARDING CONTINUATION OF COURT OPERATIONS

This updated Notice to the Public replaces the Notice to the Public issued by the Chief Justice of British Columbia on 30 March 2020. It includes new information regarding the continuation of court operations in the court of appeal for all matters.

• The Court of Appeal is extending the suspension service and filing deadlines for all existing appeals and chambers applications to 1 June 2020.
• Despite the suspension of deadlines:
• The registry is accepting filings in all matters, and parties are encouraged to advance their appeals if they are able to do so.
• In civil appeals, electronic filing is mandatory for all parties beginning 4 May 2020.
• Beginning 4 May 2020, the Court will hear all appeals, including those that are not urgent, by videoconferencing using the Zoom platform, unless otherwise directed. Litigants are required to complete the Court Proceedings by Video Conference Form 14 days in advance of their hearing.
• Beginning 4 May 2020, the Court will hear all chambers applications and Registrar’s appointments, including those that are not urgent, by teleconference or in writing. For all new chambers applications or appointments, litigants must file and serve materials according to the timelines required under the Court of Appeal Act, Court of Appeal Rules, Criminal Code, the Court of Appeal Criminal Rules and the Court’s Civil and Criminal Practice Directives.
•  For more details please review the updated Notice to the Public.

April 17, 2020
AMENDMENT TO THREE COURTS' POLICY ON USE OF ELECTRONIC DEVICES IN COURTROOMS

The Three Courts’ Policy on Use of Electronic Devices in Courtrooms has been amended to confirm the Policy’s application to court proceedings conducted remotely. The amended Policy may be found here.

April 7, 2020
MESSAGE FROM CHIEF JUSTICE BAUMAN REGARDING EFFORTS TO INCREASE CAPACITY TO HEAR MATTERS DURING THE COVID-19 PANDEMIC

Chief Justice Bauman has issued this message regarding the Court of Appeal’s efforts to increase its’ capacity to hear matters during the Covid-19 pandemic. Related updates will be posted to this website as they become available.

March 30, 2020
UPDATED NOTICE TO THE PUBLIC REGARDING THE COURT OF APPEAL'S RESPONSE TO COVID-19

This updated Notice to the Public replaces the Notice to the Public issued by the Chief Justice of British Columbia on 17 March 2020 (effective 18 March 2020). It reflects changes to the court's operations related to Ministerial Order No. M086 regarding the suspension of timelines to commence civil or family proceedings.

March 27, 2020
SUSPENSION OF LIMITATION PERIODS

Limitation periods to commence court proceedings in British Columbia have been suspended, and statutory decision-makers have been provided discretion to waive, suspend or extend time periods related to their powers. Click on these links for details regarding this announcement and the associated ministerial order. The Court of Appeal will provide further directions once the suspension is lifted.

March 27, 2020
NOTICE TO THE PUBLIC REGARDING AFFIDAVITS FOR USE IN COURT PROCEEDINGS

During the COVID-19 pandemic, the Court of Appeal for British Columbia, the Supreme Court of British Columbia, and the Provincial Court of British Columbia will make accommodations for the commissioning of affidavits in circumstances where it is not possible or is medically unsafe for the deponent to attend before a commissioner. All three levels of court will follow the same process, set out in the directives linked below:

Court of Appeal for British Columbia

Supreme Court of British Columbia

Provincial Court of British Columbia

March 23, 2020
NOTICE TO ACCREDITED MEDIA REGARDING ACCESS TO COURT OF APPEAL PROCEEDINGS

The Court of Appeal for British Columbia recognizes the critical importance of the open courts principle, including in the exceptional circumstances related to the COVID-19 pandemic. Court proceedings have temporarily been limited and modified, but they must remain open to public scrutiny and media plays a special role in that regard. The Court of Appeal is taking the following steps to ensure that accredited media continue to have options for observing and reporting on court proceedings during this exceptional time:

• The Court of Appeal's weekly hearing list is updated daily here.
• The Court of Appeal's upcoming judgment list is also updated daily here.
• Members of the accredited media should watch the hearing list, and, if they wish to observe, they should contact the Honourable Bruce Cohen, Superior Courts Communications Officer, at SCJCommunicationsOfficer@bccourts.ca, for more information about how they can participate (e.g. by dialing into a teleconference). Media participation in court proceedings taking place by telephone may be subject to limits on the number of callers that can be connected through a single teleconference number.
• For access to audio recordings please review and submit an access request form available here.

March 17, 2020
COURT OF APPEAL FOR BRITISH COLUMBIA - STRICTLY LIMITED COURT OPERATIONS

To protect the health of litigants, court staff, judges and members of the public and to help contain the spread of the 2019 novel coronavirus (COVID-19), the Court of Appeal is strictly limiting its operations through this direction by the Chief Justice of British Columbia, effective 18 March 2020, and until further notice.

March 13, 2020
COURT OF APPEAL FOR BRITISH COLUMBIA MODIFIED PROCEEDINGS

As a result of the rapidly evolving situation with COVID-19, the Court of Appeal is, effective immediately, instituting modifications to its normal operations. For more details click here.

March 13, 2020
BC COURTS' RESPONSE TO COVID-19

In response to the rapidly evolving situation with COVID-19, the Court of Appeal for British Columbia, the Supreme Court of British Columbia and the Provincial Court of British Columbia ("Courts") have developed a coordinated approach to manage impacts of the virus on the operations of the Courts. For more details click here.

March 12, 2020
NOVEL CORONAVIRUS OUTBREAK (COVID-19)

British Columbia is experiencing an increase in cases of the novel coronavirus (COVID-19) and it is anticipated that the virus will continue to spread. The Court of Appeal for British Columbia and the Supreme Court of British Columbia continue to monitor information and take guidance from public health officials and are taking steps to try to ensure the safety and health of the members of the public who interact with the Court. READ MORE

March 5, 2020
AMENDED PRACTICE DIRECTIVE: DECLARATIONS IN COURT ORDERS

The civil and criminal practice directive, Declarations in Court Orders, describes the practice required for orders relating to a declaration and has been amended to reflect its application to both civil and criminal appeals. It replaces and repeals the civil practice directive, Declarations in Court Orders, 11 October 2019.