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NEED TO GO TO COURT DURING COVID-19?

What can you do if you need to go to British Columbia Supreme Court for your family matter during COVID-19?

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On March 19, 2020, the Supreme Court of British Columbia made the momentous decision to suspend all regular court operations due to the COVID-19 pandemic. The court is currently scheduled to re-open May 29, 2020, provided the court does not decide to extend the suspension further.

But what if you had a court appearance scheduled, or if you need to go to court?

IF YOU HAD A COURT APPEARANCE PREVIOUSLY SCHEDULED FOR BETWEEN MARCH 19, 2020 AND MAY 29, 2020:

The court is now allowing anyone who had a matter scheduled during the suspension period (between March 19 and May 29, 2020) to schedule a telephone hearing (or alternatively to submit written submissions under certain circumstances) on the following conditions:

  1. The telephone hearing is limited to one disputed issue;

  2. The disputed issue must be suitable to be heard by telephone and cannot take more than one hour to be heard;

  3. Each party is only allowed to file one affidavit in support of their position, and that affidavit must be no longer than 10 pages

IF YOU DID NOT HAVE A COURT APPEARANCE PREVIOUSLY SCHEDULED DURING THE SUSPENSION PERIOD:

Currently, the court will only hear new matters if the issue in question is deemed urgent. First, you must explain why you believe your matter is urgent and ought to be heard. The court will then make a determination regarding the urgency. If the court deems your matter to be urgent, then a telephone hearing will be scheduled to hear the actual matter.

For family law matters, the court has said that urgent matters include the following:

  1. Orders relating to the safety of a child or parent due to a risk of violence or immediate harm;

  2. Orders relating to the risk of removal of a child from the jurisdiction; and

  3. Orders relating to the well-being of a child.

Further details can be found at the BC Courts website: https://www.bccourts.ca/index.aspx.

Speak with a lawyer at Catalyst Legal LLP if you have questions about your family law matter and whether you would be eligible to be heard in court at this time. We are currently offering free 30 minute consultations.


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