Supreme Court – General Order Extending Timelines
Re: Extending Timelines
Issued: August 4, 2020
WHEREAS the Supreme Court of Newfoundland and Labrador suspended normal operations on March 18, 2020, and restricted the filing of documents, permitting only filings relating to urgent
and emergency matters;
AND WHEREAS the Court issued a Notice to the Profession and General Public on April 3, 2020, in which it indicated that:
The Court advises that it is extending all periods contained in the Rules of the Supreme Court, 1986, that require or authorize a person to do or abstain from doing any act in a proceeding. This includes periods for service, filing, or amendment of any pleading or other document. This extension is for the period from March 18, 2020 to the date when the Court resumes normal operations.
AND WHEREAS the Court resumed accepting all documents for filing on May 19, 2020, however processing times were significantly delayed owing to staffing levels in the Court’s registries;
AND WHEREAS the Court returned to its normal processes for filing documents on June 8, 2020, with all filings deposited at the Court’s registries by mail or in-person delivery to drop boxes
available at each courthouse;
AND WHEREAS the Court intends to re-open its registries to the public, in all judicial centres other than the judicial centre of St. John’s, on August 4, 2020;
AND WHEREAS the Court intends to re-open its registries in the judicial centre of St. John’s on August 24, 2020;
THE COURT ORDERS:
- Subject to paragraphs 5 and 6, this order applies to all proceedings before the Supreme Court of Newfoundland and Labrador governed by the Rules of the Supreme Court, 1986.
- Subject to paragraphs 4, 5 and 6, where a period set out in the Rules of the Supreme Court, 1986, that requires or authorizes a person to do or abstain from doing any act in a proceeding would have expired in the period running from March 18, 2020, to August 23, 2020, the period is extended until August 24, 2020. This includes periods for service, filing, or amendment of any pleading or other document.
- Subject to paragraphs 5 and 6, where an originating document would have expired within the period running from March 18, 2020, to August 23, 2020, the originating document is renewed until August 24, 2020. Any renewals of originating documents granted by the Registrar after their expiry within this period are affirmed by this order.
- This order does not apply to deadlines for the service and filing of affidavits, briefs and other materials that are required to be served or filed in advance of a conference, hearing or other appearance before the Court that is proceeding before August 24, 2020, or thereafter.
- Where, after March 18, 2020, an order has been made in a proceeding that conflicts with this general order, or that extends a period beyond August 24, 2020, the order made in the proceeding prevails.
- The Court may issue further directions regarding the application of this order to a particular proceeding.