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ARTICLE · 02 MAY 2020

FCA To Select Cases That Are Ready To Progress During Pandemic

On April 15, 2020, the Federal Court of Appeal (FCA) published an updated Notice to the Parties and the Profession (FCA Update).

CanadaCoronavirus (COVID-19)

On April 15, 2020, the Federal Court of Appeal (FCA) published an updated Notice to the Parties and the Profession (FCA Update). As we previously reported, the FCA suspended the running of time under the Federal Courts Rules (the Rules) to May 15, 2020 (the Suspension Period).

The FCA Update advises that circumstances permit the FCA to exempt some cases from its previous notices, allowing them to progress towards a determination on the merits. The FCA will review the list of cases and based on the nature, complexity, and the extent to which the record is electronic, the FCA will select the cases that are ready to progress.

Cases that are selected to progress

If a case has completed all procedural steps and been deemed ready for determination, it may be heard in one of three ways: (1) on the basis of written materials; (2) by teleconference or video conference; or (3) by in-person attendance of the parties. The FCA will make a preliminary decision as to the

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