Written "Hearings" As An Alternative Format During The COVID-19 Emergency

As summarized in our periodically-updated post regarding appellate courts' responses to COVID-19, certain courts are using written "hearings" as an alternative hearing format during the emergency period. Written hearings involve the panel rendering a final disposition after reviewing the filed written materials, possibly after holding a special-purpose oral hearing to allow the panel to ask questions of counsel (or the parties if self-represented). Written hearings are common in certain administrative law contexts and are the norm for applications for leave to appeal in certain appellate courts, including the Supreme Court of Canada. However, Canadian legal traditions have long favoured oral hearings for appeals on their merits. There are numerous advantages to oral hearings, including the ability of counsel to respond in real time to concerns raised by the judges.