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ARTICLE · 16 APRIL 2020

COVID-19 Impact: Courts Closed? Try Arbitration

Cassels
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Cassels

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Courts across Canada have closed and nearly everything before them has been adjourned sine die (indefinitely).

CanadaLitigation, Mediation & Arbitration
Cassels Brock & Blackwell LLP
Cassels Brock & Blackwell LLP
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Courts across Canada have closed and nearly everything before them has been adjourned sine die (indefinitely). Only urgent matters can be brought before a judge. Commendably, some courts are now implementing email filing and exploring holding hearings by video or teleconference. But when our courts re-open, they will almost certainly prioritize criminal cases, because of the constitutional obligation to resolve criminal cases within a reasonable period of time.

Most commercial matters are not urgent enough to jump to the front of the courthouse queue in these circumstances, but that does not mean that parties can afford to wait until the courts have time to deal with them. Even in commercial matters, justice delayed is justice denied.

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