The Canadian Union of Postal Workers (CUPW) commenced a national strike on November 15, 2024, and Canada Post’s operations have been suspended for the duration. During the labour disruption, litigants may experience difficulties delivering documents to the Court or serving documents on other parties or persons. Similarly, the Court is experiencing difficulties in sending documents and packages to litigants, lawyers and other persons. This Notice is intended to set out options to address these issues for the remainder of the labour disruption.

Filing documents with the Court

1. Litigants are required to explore other ways to deliver documents to the Court. Delivery options will vary depending on your case, but may include:

a. Delivering materials to the Court in person;
b. Using a courier;
c. Electronically filing your document (by fax or email) in accordance with Rule 35 or this Notice.

2. Please note that if you have already mailed documents or forms to the Court by regular mail, the Court may not be able to complete your request until the labour disruption is over.

3. The Court will, during the period of the Canada Post service disruption, permit litigants and lawyers who would normally mail original documents to the Court, and are not within reasonable proximity to file originals through other means, to file documents by email or fax. Please note that the original of any sworn document (e.g., affidavits, most documents in family matters) filed electronically must, following the end of the mail service disruption, be filed in hardcopy. The Court or a judge may also require that you provide a hardcopy of any other document filed electronically during this period and may require that this be done before an order of the Court will be granted.

4. Paragraph 4(c) of Practice Note P.N. No 2020-03, “Filing Documents by Email,” which requires that that the Court receive, within 10 days, original copies and payments for emailed documents, is suspended for the duration of the Canada Post labour disruption.

5. Please note that the Court’s preferred method of filing is to receive documents in hardcopy. Court staff who receive documents electronically must print them for the Court file, adding considerable operational pressure. The Court will only accept electronic filings where filing a hardcopy is not possible as a result of the labour disruption.

6. ​When hard-copy delivery is not possible, electronic filings adhering to the following conditions are permitted:

a. One email accepted with maximum three attachments, to a maximum total page count of 30.
b. All documents requiring a signature must be Documents submitted without a signature will not be accepted.
c. Photographs from cell phones or other devices will not be
d. Documents must be emailed in PDF

7. Documents may be emailed or faxed to the applicable address/number set out in the appendix.

8. The electronic filing of a document is conditional on the payment of the required When documents are submitted electronically for filing, they must be accompanied by a contact name and phone number for payment purposes. Court staff will contact this individual when payment is required. Payment may be made by credit card over the phone. No document will be considered filed until payment is received.

9. Where a registry clerk rejects an electronically filed document on the ground that it does not conform to content or format requirements set out in the Rules or this Notice, or that the fee was not paid within one business day of being contacted by the Court, the registry clerk shall notify the sender by fax or email that the document has not been filed and indicate the reason why. It is the responsibility of the person filing the document to make sure it was filed.

10. Where a document filed must be issued, the Court will hold the document for pick-up.

Service documents

11. While the Rules of Court state that, in certain circumstances, service may be effected by ordinary or registered mail, litigants are encouraged to explore other ways of serving documents during the Canada Post labour disruption. Service may not be considered effective or timely if done by mail during a mail service disruption.

12. Alternatives may include (the alternatives available to you will depend on the document being served and the circumstances of your case – please consult the relevant Rules of Court):

a. Person service or hand-delivery;
b. Using a courier or process server to deliver documents; or,
c. Email/fax service with the consent of the receiving person (by signing an acknowledgment of service form – if required).

Applicable service rules may include:
http://www.assembly.nl.ca/legislation/sr/regulations/RulesSC/Rc86ru06.htm
http://www.assembly.nl.ca/legislation/sr/regulations/RulesSC/Rc86ru06A.htm
http://www.assembly.nl.ca/legislation/sr/regulations/RulesSc/rc86PartIV.htm#F8_

Notices/documents from the Court

13. The Court’s primary method for communicating notices to parties, for the duration of the labour disruption, will be through email when the party has provided an email address. Where the party has not provided an email address, notices will be couriered.

14. Other documents and packages that are required to be mailed out and which are time- sensitive will be couriered. All documents and packages which are not time sensitive may be held at the Court until the labour disruption is resolved or will be made available for pick- up (the Court may require that you provide ID).

15. The procedure described in this notice will only be for the duration of the Canada Post labour

RAYMOND P. WHALEN

Chief Justice

APPENDIX

JUDICIAL CENTRE CONTACT INFORMATION

St. John’s General Division Registry inquiries@supreme.court.nl.ca
Fax: 709-729-6623

St. John’s Probate Office inquiries@supreme.court.nl.ca
Fax: 709-729-6174

St. John’s Family Division Registry familyinquiries@supreme.court.nl.ca
Fax: 709-729-0784

Grand Bank Registry inquiryGB@supreme.court.nl.ca
Fax: 709-832-2755

Gander Registry inquiryGander@supreme.court.nl.ca
Fax: 709-256-1120

Grand Falls-Windsor Registry inquiryGFW@supreme.court.nl.ca
Fax: 709-292-4224

Corner Brook Registry inquiryCB@supreme.court.nl.ca
Fax: 709-637-8036

Corner Brook Family Division Registry FamilyinquiryCB@supreme.court.nl.ca
Fax: 709-637-8036

Happy Valley Goose Bay Registry inquiryHVGB@supreme.court.nl.ca
Fax: 709-896-9212

View the notice here.

Posted: November 19, 2024