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ARTICLE · 10 FEBRUARY 2021

Ontario Court Orders Class Action Trial To Proceed By Virtual Means

In Flying E. Ranche Ltd. v. Attorney General of Canada 2020 ONSC 8072, Justice Schabas recently rejected an adjournment sought due to pandemic-related delays...

CanadaLitigation, Mediation & Arbitration

In Flying E. Ranche Ltd. v. Attorney General of Canada 2020 ONSC 8072, Justice Schabas recently  rejected an adjournment sought due to pandemic-related delays, and ordered a class action trial to proceed via Zoom. In doing so, he confirmed that the courts have adapted to conducting proceedings virtually and that parties are expected to make similar efforts and adhere to court-ordered schedules for virtual hearings.

Background

This action was commenced in 2005, arising from the impact of the federal government's response to Bovine spongiform encephalopathy (mad cow disease) on Canadian cattle farmers. Similar class actions were commenced in other provinces but were suspended or postponed in favour of the Ontario proceeding. A 77-day trial on the merits was scheduled to begin in January 2021.

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