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Notes from conference call with the Court

Ken Proudman Executive
 view Arbitrator profile
  BARR LLP
   Edmonton, Alberta


Thank you Dustin Tkachuk for preparing the following summary for of his conference call with the Court, and for permitting me to post it here. Dustin clarifies that this is only his interpretation of the meeting, and not an official endorsement by QB.

From Dustin Tkachuk:

Hi all,

I hope you’re all doing well in these unusual times. I was part of a meeting with Chief Justice Moreau, Justice Yungwirth, and some other Justices and lawyers from the main QB regions (Edmonton, Calgary, Red Deer, Lethbridge) this afternoon. I understand Riley Gallant, President of the Family CBA subsection will be sending out a summary as well, but some of you I don’t necessarily see at CBA so thought I’d reach out.

I asked Justice Yungwirth afterwards and was told to please share this info, and please contact her if you have any ideas.

(1) The overall message is that most of the Justices and clerks are now working from home, so the courthouses have a “skeleton crew” working. Each region has Justices on a 4-5 rotation (for Edm & Calg) doing emergency duty Justice work, which includes the EPOs and “urgent matters”.

(2) A common ask from the Bar is about getting a Notice to the Profession regarding COVID and parenting matters, something perhaps similar to the Ribeiro case in Ontario. Chief Justice Moreau said they are considering it but are wary of either making statements that are too general or too specific. Though not mentioning COVID specifically, she advised that 11 parenting applications were requested in Edmonton to be heard on an urgent basis, and all 11 were approved. In Calgary, 17 applications were submitted and 9 were approved. EPO reviews and EPO hearings are proceeding and are still unfortunately very busy. Legal Aid has so far been able to have duty counsel physically present for these reviews though their own staff is being hit by illness or isolation as well.

(3) Limitations period – the Chief mentioned something went out yesterday from the Minister (she hadn’t specifically read it) that limitations periods were going to be extended to June. She advised that the Court cannot extend the “drop dead” rule in the Rules of Court.

(4) Email signatures – they are looking at authorizing Justices working from home to sign orders and have the electronic signature authorized as original for filing. The Chief believes this could be confirmed soon. [DJT note – I’ve already received an electronic signature on an order from Justice Fagnan, so I assume this is now in effect]

(5) Remote Access – there was much discussion around Webex/Zoom and remote access to Justices for things like case management, PTCs, JDR, EICCs. They are working with Webex but are looking at Zoom as well. The concern from the Bench is being able to record for the record and the transcript. They are considering something like an EICC on files with 2 counsel where counsel and clients would remote in with the Justice. There wouldn’t be a recording of the decision necessarily but at the end of the EICC the Justice would read back the decision to counsel before the end of the meeting and would additionally email counsel immediately after. The hope is that particularly with procedural orders the terms should be clear.

(6) In terms of how to process all of the adjourned applications and trials when the courts re-open, they are unsure at this time.

(7) They are considering using Case Management Counsel as some kind of screening process for applications (this was not raised at the meeting but I asked Justice Yungwirth afterwards).

(8) There seems to be strong consideration of bringing back the Notice to Disclose that is filed without setting a date, possibly including a follow-up desk application for a disclosure order if not provided after service of the NTD.

(9) They are considering making some straightforward applications desk applications or applications with written submissions (if 2 counsel on the file).


Dustin J. Tkachuk


2 3 years ago

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