Information regarding COVID-19

As you are all aware, our government is trying very hard to ensure that all citizens of the province adhere to the social distancing/isolation requirements to help prevent the spread of COVID-19.

This means that everyone, including lawyers, should be working from home, if at all possible. There is a public interest element in continuing to have access to legal services during this difficult time and we believe that you can and should continue to provide these services as long as you can do so in compliance with the government’s recommendations.

Members should consider conducting routine meetings with clients by phone or using video-conferencing options such as Zoom, Skype, FaceTime and other platforms in order to comply with public health recommendations regarding social distancing. Where an in-person meeting is required, please continue to engage in social distancing techniques including, avoiding common greetings (including handshakes) and keeping a distance of two (2) meters from others.

Please remember that some individuals that carry COVID-19 may be asymptomatic or only have mild symptoms. The spread of the virus can occur unknowingly. Members and their clients may have contact with individuals who may be more vulnerable to the virus (i.e. those that are elderly, with underlying medical conditions, or who have compromised immune systems). It is, therefore, imperative that we make every effort to prevent the spread of COVID-19 as much as possible. Public health officials have stated that social distancing will help to mitigate the spread of the virus.

Both the Supreme Court of Newfoundland and Labrador and the Newfoundland and Labrador Court of Appeal have advised that they will accept unsworn/unaffirmed affidavits or documents at the present time. Both Courts are also only accepting documents/filings via email or fax.

Information and Updates from the Law Society of Newfoundland and Labrador

COVID-19 Pandemic FAQs
The Law Society of Newfoundland and Labrador is committed to taking the health and safety of our staff, the public and the profession seriously. Staff remain available to assist you – you can contact them via telephone or email. We will respond at our earliest opportunity.
Please note that information on this page may be updated from time to time and that information provided here is guidance only.

Law Society Operations

Is the Law Society open? Are all Law Society staff members working from home?
The Law Society building is not open to members or the public. Most Law Society staff are either already working from home or are transitioning to working from home. Staff have network access so that the work of the Law Society can continue as usual with some modifications.

Will anyone be available at the Law Society offices?
Yes. A receptionist will be present at the offices to answer incoming calls and manage deliveries from couriers. If you need to deliver forms, filings or other communications, either

do so electronically via email to thelawsociety@lsnl.ca and/or bgrimes@lsnl.ca and forward the originals by mail to the Law Society; or
put them in the secure red mail drop box located in the front porch of the Law Society offices.

Members are encouraged to use electronic means where possible.

Is the Law Society extending or waiving any filing or payment deadlines?
Some requirements have been modified. The due dates for the first and second quarter transaction levies have been extended to October 30, 2020. This is the scheduled due date for third quarter remittances so members should submit all three quarters by October 30, 2020. Each quarter should be reported individually as usual and not be combined on the same summary form. If you have any questions regarding the Transaction Levy, please contact Lisa Kennedy at lkennedy@lsnl.ca

Other filing and payment deadlines have not changed – documents can be filed via email to thelawsociety@lsnl.ca and/or bgrimes@lsnl.ca. The originals should also be sent to the Law Society by mail. If it is not possible to send a document electronically, you may drop it off in the secure red mail drop box located in the porch of the Law Society offices.

What if I need to file a document with the Law Society?
Documents should be filed electronically by sending them to thelawsociety@lsnl.ca and/or bgrimes@lsnl.ca. The originals should also be sent to the Law Society by mail. If it is not possible to send a document electronically, you may drop it off in the secure red mail drop box located in the porch of the Law Society offices.

What if I have a payment for the Law Society?
Payments may be delivered to the Law Society by placing it in the secure red mail drop box in the porch of the Law Society offices. Please do not put cash in the drop box.

Is the Law Library open to members? To the public?
For members: On Monday September 21st, the Law Society Law Library will be re-opening our onsite LSNL member research services in a limited appointment-only capacity. Access to the library will be open by appointment only for use of the databases (computers) and print resource consultation. Access to the library is by pre-booking only – walk-ins will not be permitted and afterhours access remains unavailable. The number of researchers allowed into the library at any one time will be limited to two (2) members, and each appointment is a maximum of 30 minutes to allow for capacity control and sanitizing between appointments. The appointment system will be restricted to members only.

Library staff will also continue to provide the contactless pickup of loans, a scanning service to all LSNL members, and database/journal research. Members who would like to book an appointment are requested to contact Jenny Thornhill, Law Librarian by email at jthornhill@lsnl.ca or call (709) 758-0815.

For public: Members of the public will not be able to book an appointment or access the Law Library. This includes self-represented litigants. Members of the public can find case law by searching www.canlii.org which is freely accessible anywhere you have access to a computer. Information for self-represented litigants can be found on our website at https://lsnl.ca/law-library/links-for-self-represented-litigants/

For further information, please see here.

Can I take books out of the Law Library?
Borrowing remains restricted to LSNL members/authorized secondary clientele. Members of the public (including self-represented litigants) cannot borrow from the Law Library.

Members can search our catalogue at https://17941.rmwebopac.com/ and identify texts and call numbers and provide the request to the library. Contact the library for assistance (telephone at (709) 753-7770 or email lawlibrary@lsnl.ca). When we confirm that the title(s) are available, we will request that you provide us with a 15-minute pickup window during regular hours. We will place the loan on the red mailbox in the porch area and you or your designated courier can come in at that time and take the items. There will be no contact between staff and persons retrieving materials.

We are currently loaning regular circulating items for 30 days loans. Reserve items are for 3-day loans. If you need to renew, the maximum number of renewals is 3.

What is the Law Library scanning service?
Library staff will scan the table of contents and provide it to you via email, you select what you need (please be as specific as possible and judicious in your requests), and we scan and return the section(s) in a PDF document. We are also available to research case law and journals from our databases.

I have loans from the Law Library that I need to return. How can I return them?
Members can return books in the secure blue book drop box located in the porch of the Law Society offices. Loose-leaf binders should be placed in the cardboard box above the blue book drop box. There will be no other access to the library for returns.

Can library staff help me with research or finding a book?
Yes. Although access to the library is restricted, library staff are still available to answer questions and assist with research Monday to Friday, 9 am to 4:45 pm. Please contact the library for more information (telephone at (709) 753-7770 or email lawlibrary@lsnl.ca).

Can members of the public still make complaints about lawyers?
Yes. Law Society staff are working remotely and will continue to accept complaints about lawyers.

Are meetings scheduled to be held at the Law Society offices going ahead?
Meetings will not be physically held at the Law Society offices but they may still go ahead via videoconference or teleconference. Members and others involved in those meetings will be contacted by Law Society staff and/or the person who organized the meeting.

Is there someone at the Law Society that I can talk to about a practice issue?
Yes. You may contact the Law Society and you will be directed to a staff member that will assist you.

Have Law Society disciplinary proceedings such as tribunal hearings been cancelled?
No. Disciplinary proceedings will be conducted via teleconferencing and videoconferencing technology. Individuals involved in these proceedings will be contacted by Law Society staff.
Notice of hearings will be published in the normal course on the Law Society’s website.

Courts and Government Offices, etc.

Are the courts open? Are trials going ahead?
Information about court operations can be found on each court’s website:

Provincial Court of Newfoundland and Labrador: https://court.nl.ca/provincial/
Supreme Court of Newfoundland and Labrador (General Division): https://court.nl.ca/supreme/general/index.html
Supreme Court of Newfoundland and Labrador (Family Division): https://court.nl.ca/supreme/family/index.html
Court of Appeal of Newfoundland and Labrador: https://www.court.nl.ca/appeal/

How is WASH court being conducted?
Information about WASH court can be found on this page under the heading ‘Updates – Provincial Court of Newfoundland and Labrador’. You may also review information posted on the Provincial Court’s website: https://court.nl.ca/provincial/

I have an urgent filing for the Supreme Court – can I file it? What should I do?
The court has provided some guidance – please visit its website: https://court.nl.ca/supreme/

One of my files has an imminent limitation period/statutory deadline in the Supreme Court – will the court accept my filing?
The court will accept certain filings and it has also provided information about the extension of deadlines – please visit the COVID-19 Information page on its website for more information.

You should also consult the Temporary Variation of Statutory Deadlines Act which was part of the COVID-19 Pandemic Response Act that received Royal Assent on March 26, 2020.

Where can I find information about what changes the courts in other provinces and territories have implemented because of COVID-19?
Please check the website of each court for up-to-date information on the measures they are taking.

Given that lots of people are working from home, how do I serve documents on Her Majesty in Right of Newfoundland and Labrador?
The Department of Justice and Public Safety has provided some guidance that can be found on this page under the heading ‘Updates – Provincial Government’.

Will the courts accept documents that are not sworn?
Please see the court’s website for more information:

Provincial Court: https://court.nl.ca/provincial/
Supreme Court: https://court.nl.ca/supreme/
Court of Appeal: https://www.court.nl.ca/appeal/

Is the Commercial Registrations Division operational?
Please see the notice distributed by the Law Society to its members on behalf of Dean Doyle, Director of Commercial Registrations, found here.
As further information becomes available, it will be broadly communicated to the profession.

I need a legal clearance from WorkplaceNL – are its offices open?
A notice from WorkplaceNL about legal clearances is found on this page under ‘Updates – Provincial Government’.

Are my clients relieved of paying child support during this pandemic?
The Support Enforcement office has provided some information for payors and recipients of support. Please see the Support Enforcement website for more information:

https://www.gov.nl.ca/jps/childsupport/support-enforcement/#6

What kinds of family matters does the Supreme Court consider urgent?
The Supreme Court has provided some information on how to interpret “urgent”:
https://court.nl.ca/supreme/family/pdf/Covid%2019%20-%20(FJS)%20Custody%20and%20Access%20Information.pdf

2020 04 28 – Notice to the Profession and General Public – Family Matters

For more information on the changes at the Supreme Court due to COVID-19, please see its websites:

Family Division: https://court.nl.ca/supreme/family/index.html
General Division: https://court.nl.ca/supreme/general/index.html

What happens if services and partners integral to providing legal services (e.g. courts, government offices) close due to the COVID-19 outbreak?
The Law Society is proactively monitoring and responding to the impact of COVID-19. As information becomes available, it will be broadly communicated to the profession. Where possible and appropriate, the Law Society will provide guidance as issues arise.

CLE Programs and Requirements

Will the CLE requirements be reduced or waived for this year?
At this time, the mandatory CLE requirements continue to apply. The Law Society continues to monitor the COVID-19 outbreak and its impact on all aspects of its operations. If any changes are made to the mandatory CLE requirements, it will be broadly communicated to members.

Are CLE programs cancelled?
Yes, all current CLE programs have been cancelled for the time being. Efforts are being made to reschedule live programs or deliver them by webcast.

What if I have already registered for a CLE program – will I get a refund because it has been cancelled?
Members who have registered for any CLE seminars have two options:

Members may request a refund or return of their cheque by contacting Andrea Mercer via email: amercer@lsnl.ca. Please bear with us as it may take some time to process these requests.
Members can maintain their registration for any CLE programs, pending further information regarding the timing and delivery of these programs.

Members may request a refund at any point prior to the ultimate delivery of the CLE seminar and all deadlines specified in previous notices or correspondence are hereby waived.

Operating Your Practice

This whole situation is quite stressful and I’m feeling anxious. What can I do?
If you are experiencing concern and/or anxiety regarding the spread and/or impact of COVID-19 you are encouraged to reach out to the Professionals’ Assistance Program.

Homewood Health, the Law Society’s service provider, has already issued a notice regarding COVID-19: https://lsnl.ca/a-message-from-homewood-your-professional-assistance-provider/

Please find the contact information for Homewood at: https://lsnl.ca/lawyers-students/wellness-program/

How can I protect myself from getting COVID-19?
The World Health Organization, Government of Canada and Provincial Government have made recommendations on how to protect yourself and others from contracting and spreading COVID-19.

Some basic recommendations are:

wash your hands often with soap and warm water for at least 20 seconds;
use approved hand sanitizers (alcohol based);
avoid touching your face/mouth, especially with unwashed hands;
avoid close contact with people and animals if illness is suspected;
stay at home if you are sick;
cough into a tissue or your elbow and then wash your hands immediately;
frequently clean and disinfect high-touch areas such as toilets, bedside tables and door handles with diluted bleach or a regular household cleaner; and
contact 811 if you develop a fever, cough or have difficulty breathing.

What should I be doing at the office to help reduce the spread of COVID-19?
Preparing for a public health event should be part of your own firm or organization’s business continuity planning. Having a plan will save valuable time and resources later. Some simple tips to consider include:

increase work area hygiene by cleaning door handles, desks, phones, etc. daily;
suspend conventional business etiquette such as hand shaking;
limit in-person meetings by leveraging technology, e.g. video conferencing;
plan for removal of work access and ensure staff have the access and tools needed;
notify clients and customers if work hours or your operations change;
keep your voicemail, website and/or social media updated regarding changes to your operations; and
review sick leave benefits and discuss with your staff in case self-quarantine is required.

This is not a complete list as there are many things to consider in your business continuity planning, but it’s a start.

Loss Prevention Tips #36 and #37 which were sent out to the membership by the Insurance Programme are also instructive:

https://lsnl.ca/loss-prevention-tip-36/
https://lsnl.ca/loss-prevention-tip-37/

Here are some additional resources:

Succession Planning for Unplanned Absences: https://lsnl.ca/lawyers-students/practicing-status/succession-planning/
Closing your Practice: https://lsnl.ca/lawyers-students/practicing-status/closing-your-practice/
Disaster Planning and Recovery (Law Society of Alberta): https://www.lawsociety.ab.ca/resource-centre/disaster-planning-and-recovery/
When Bad Things Happen to Good Lawyers: Contingency Planning Guide (Law Society of Alberta): https://dvbat5idxh7ib.cloudfront.net/wp-content/uploads/2017/01/22203930/When-Bad-Things-Happen-to-Good-Lawyers.pdf
Pandemics and the Workplace: a Resource for Lawyers (Canadian Bar Association): https://www.cba.org/getattachment/Sections/Labour-Employment/Resources/Resources/2014/Pandemics-and-the-Workplace-A-Resource-for-Lawyers/PandemicEng.pdf
Pandemic Preparedness for Business (Canadian Chamber of Commerce): http://www.chamber.ca/resources/pandemic-preparedness/BusinessPrepGuidePanPrep2020

Are there special considerations for my practice if I’m going to work from home?
If lawyers choose to work remotely, they should consider whether all the key information they require is readily accessible and current. This includes client contact information, client files, staff and service provider contact information, bank account information, and passwords for personal and staff voicemail, computers and emails.

Lawyers should also consider how they will:

keep client information confidential from family members or others;
communicate with clients;
secure and receive deliveries to their offices; and
continue to delegate to, and appropriately supervise, staff.

Consider these practices and tips if working from home:

protect your passwords;
lock your computer if leaving it unattended;
work in a private area, particularly if you are video-conferencing or dialing into meetings;
safeguard physical records and documents – ensure that the information is only visible to you and emphasize to others that no one else is permitted to look at the documents. Lock them away if necessary;
avoid downloading firm or client documents onto home computers and devices where they can be accessed by others; and
be alert to cyber-security hazards and phishing, particularly in a disrupted environment. Home computer systems may also not have the same security levels as those in the office. If possible, it is best for staff to work remotely using a work-issued laptop with updated security. If not, they should ensure they have updated security and are using strong passwords.

If other staff will also be working remotely, lawyers must also ensure that they are able to maintain confidentiality in doing so.

I think I may have contracted COVID-19 – what should I do?
All residents of the province are urged to follow the advice of the Department of Health and Community Services. More information, including a self-assessment tool and guidance on when to seek help, can be found here.

What if I can’t continue to manage my practice because of illness?
In the event that a lawyer is unable to continue to manage his or her practice due to illness, he or she should have a power of attorney with respect to his or her law practice in place. For more information, see https://lsnl.ca/lawyers-students/practicing-status/succession-planning/. You may also want to consult contingency planning guides found in other jurisdictions, such as the Law Society of Ontario’s Contingency Planning Guide for Lawyers and the Law Society of Alberta’s When Bad Things Happen to Good Lawyers: Contingency Planning Guide.

Lawyers should also consider what specific tasks are impacted if staff are unable to attend the office and ensure that coverage is provided so that clients are not prejudiced.

What should I do if I decide to change my hours of business or there are other firm changes?
If lawyers are changing their business hours, if alternative means of communication will be used or there will be delays to communication, or if other changes to firm operations are anticipated, lawyers should communicate this information to clients and staff as soon as practicable. Lawyers may consider using email updates, notices on their websites, or other means, as appropriate, based on the needs of their clients and staff.

Practice Management

Are my professional obligations reduced or modified in the context of COVID-19?
Lawyers’ professional obligations continue to apply. If you wish to discuss a practice management issue with a member of the Law Society staff, please contact the Law Society.

I’m concerned about my professional liability – who should I contact?
For questions about professional liability in the context of COVID-19, lawyers should contact the Insurance Programme at (709) 722-6008 or by email at insurance@lsnl.ca

Keep in mind that all insured members are required to report a claim or potential claim as soon as practicable after learning of it. More information can be found here on the Law Society’s website.

How can I communicate effectively with my client while practising social distancing?
In the context of COVID-19, public health best practices include social distancing. Lawyers should consider conducting routine meetings with clients by phone or using video-conferencing options such as Zoom, Skype, Facetime and other platforms to comply with public health recommendations about social distancing. It is also important for lawyers to be aware of the types of engagements with clients that in typical circumstances would require an in-person meeting and that in the context of COVID-19 require a heightened risk-based approach if an in-person meeting is not going to be conducted.

Lawyers should be mindful of their obligations to communicate effectively with clients in selecting an alternative means of communication. Commentary [3] to Rule 3.2-1 of the Code of Professional Conduct provides that what is effective communication with the client will vary depending on the nature of the retainer, the needs and sophistication of the client, and the need for the client to make fully informed decisions and provide instructions.

In the context of COVID-19, if lawyers choose to change their means of client communication, they should consider notifying clients about the alternative means of communication that they intend to use as soon as practicable.

What can I do to reduce the risk of exposure to COVID-19 if I must meet with clients or others?
In some situations, it may not be possible to avoid meeting with clients and others. Lawyers should therefore consider taking precautions to minimize the risk of exposure to COVID-19. This includes hand hygiene, respiratory etiquette, environmental cleaning and social distancing. Examples of good social distancing include avoiding common greetings such as shaking hands and keeping a distance of at least 2 metres from others. For more information, review the recommendations set out in these public health resources provided by the Government of Canada and consider implementing them:

The Department of Health and Community Services also has helpful information on its COVID-19 webpage.

In the context of COVID-19, can a lawyer fulfill the requirements for client identification and verification over the phone or video?
Due to the recent outbreak of COVID-19, the Law Society understands that members may face challenges in meeting their obligations under the anti-money laundering and terrorist financing rules. While we continue to expect that members will do everything possible to meet all of their obligations, we recognize that it may be challenging to verify a client’s identity where the member and his/her client are unable to meet in person.

Members are reminded that the rules permit members to verify a client’s identity by two methods that do not require meeting face to face with the client – the dual process method or using information in a client’s credit file.

In addition, members should consider whether they may be able to rely upon the previous verification by another person (for example, a real estate agent) as permitted under the rules.

If however, a member is unable to available himself or herself of any other method, in these unique circumstances and as a last resort, the Law Society will take a reasonable approach in its compliance activity if the member were to conduct the verification of the client’s identity by using video conference technology, provided that:

the member can be reasonably satisfied that the government issued identification is valid and current;
the member can compare the image in the government issued identification with the client to be reasonably satisfied that it is the same person;
the member records, with the applicable date, the method by which the member verified the client’s identification;
the member treats the transaction as a high-risk transaction and continues to monitor the business relationship as a high-risk transaction; and
the member documents the efforts that were made to verify the client’s identity in accordance with the existing rules and the reasons why the member was unable to verify the client’s identity in accordance with the existing rules.

Members are reminded that fraudsters look to take advantage of unusual circumstances such as are being addressed here, and therefore, if a transaction presents too much of a risk, members should decline to act. For more information about risks, you may also want to consult the Federation of Law Societies’ Risk Advisories for the Legal Profession resource.

This guidance is intended to assist members experiencing challenges complying with the Client Identification and Verification Rules as a result of the COVID-19 pandemic. The guideline will remain in effect until further notice by the Law Society.

Can I commission a document remotely?
The requirements for administering an oath continue to apply but have been modified through the enactment of the Temporary Alternate Witnessing of Documents Act and Rule 18 of the Rules of the Law Society.

The courts have also provided guidance – please see their websites for more information:

Provincial Court: https://court.nl.ca/provincial/
Supreme Court: https://court.nl.ca/supreme/
Court of Appeal: https://www.court.nl.ca/appeal/

If you have questions about any of this information, please contact Brenda B. Grimes, QC, Executive Director of the Law Society, at bgrimes@lsnl.ca or (709) 722-4795

Have the requirements for executing a will been relaxed in light of the requirement for social distancing?
The requirements for executing a will continue to apply but have been modified through the enactment of the Temporary Alternate Witnessing of Documents Act and Rule 18 of the Rules of the Law Society.

You may still need to witness a will in person – guidance on this topic was outlined in a broadcast that can be found on this page under “Requirements under the Wills Act”.

What about client capacity? Can I assess it remotely?
Lawyers should continue to consult the relevant legislation and case law that govern capacity, and consider whether or not they have the ability to adequately assess a person’s capacity through remote means, such as on video conferencing or telephone.

The legislation applicable will depend on the context of the matter. Section 3.2-9 of the Code of Professional Conduct and its commentary also provide guidance on dealing with clients with diminished capacity.

In using video conferencing or telephone as the exclusive means of communicating with a client, lawyers should also assess whether there is a risk that the client may be subject to undue influence or duress.

Have limitation periods and deadlines been altered in light of the COVID-19 pandemic?
This issue was addressed in the Temporary Variation of Statutory Deadlines Act passed in the House of Assembly – this Act was part of the COVID-19 Pandemic Response Act that received Royal Assent on March 26, 2020.

The Supreme Court also issued guidance on the extension of deadlines – it is found on the Court’s page dedicated to updates on COVID-19 along with other important updates from the Court.

If I use video conferencing, what are some best practices I should keep in mind?
When using video conferencing for the provision of legal advice or services, it is recommended that lawyers do the following in addition to their normal practice for client meetings and telephone calls:

confirm the client’s consent to proceed in this manner.
ask that all individuals in the remote location introduce themselves.
ensure that there is no one else at the remote location who may be improperly influencing the client.
make sure that audio and video feeds are stable and that you can hear and see all parties.
confirm the client’s understanding about the services they are receiving and provide adequate opportunity for them to ask questions.
where identification is produced to support verification of identity, ensure that a copy of the document is sent to you in advance of the online meeting and that when it is produced that the entire document is visible and legible.
maintain detailed records including: date, start and end time, method of communication, identity of all present, and minutes of content of meeting.
consider whether there are any red flags. For a list of some red flags to consider, see the Federation of Law Societies’ Risk Advisories for the Legal Profession resource.

Can I use an electronic signature to execute documents?
This is a substantive legal issue which is context specific and the Law Society does not regulate how documents are executed. Lawyers should review applicable legislation to determine if electronic signatures are permitted in the context of their matters.

It seems like there are legal issues (e.g. limitation periods and being physically present to witness a will) which could be addressed through legislative change or direction from the Court – does the Law Society know if the Courts or the Department of Justice and Public Safety is contemplating any changes?
The Law Society has contacted the Department of Public Safety and the Courts regarding the issues raised by the profession and updates will be provided to lawyers when they become available. A summary of the messages sent to the members can also be found below under the following headings:

Updates – Supreme Court of Newfoundland and Labrador
Updates – Newfoundland and Labrador Court of Appeal
Updates – Provincial Court of Newfoundland and Labrador
Updates – Provincial Government
Updates – Federal Government

Information for the Public

Is my trial going ahead?
Court operations are not managed by the Law Society. Information about court operations and the impact of COVID-19 can be found on each court’s website:

Am I still able to make a complaint against a lawyer?
Yes. Law Society staff are working from home but are still able to take complaints about lawyers. Please contact the Law Society for more information.

Is the Law Library open to the public?
No. Members and the public do not have access to the library until further notice.

November 19, 2020

Library Appointments – Update

Please note that starting Tuesday, November 24th, the Law Library on-site appointments will now be available for 45 minutes instead of 30 minutes.

Appointments will remain on the hour only, Monday – Friday at 9 am, 10 am, 11, am, 2 pm, and 3 pm in order to allow for proper sanitizing of stations between appointments.

Members accessing this service will be required to complete a COVID-19 questionnaire and must bring and wear a face covering while in the library.

If you have any questions or wish to make an appointment, please contact Jenny Thornhill, Law Librarian at jthornhill@lsnl.ca or (709) 758-0815.

At this time, walk-ins are still not permitted and fob cards remain deactivated.

September 16, 2020

Law Library Phased Re-Opening

Starting Monday, September 21, 2020, Law Society members will be able to access the Law Library by appointment.

At this time, walk-ins will not be permitted.

For details, please see here.

September 14, 2020

Library Services Update

We are currently loaning regular circulating items for 30 days, while reserve items are for 3 days. If you need to renew, the maximum number of renewals is 3.

When returning items, please place the items in the blue book drop in the porch area of the Law Society during regular working hours. If a signature is required, please ring the doorbell.

Scanning services and contactless pickup remain available.

June 16, 2020

Provincial Court

Further to our broadcast of June 12, 2020, the Provincial Court has advised that it will be resuming restricted operations beginning on June 29, 2020. Members are encouraged to carefully review the new operational plan previously circulated and to follow up with specific centres prior to attending Court as there may be variances specific to particular buildings.

Please note that the Court is continuing to encourage virtual appearances upon application via either videoconference (using the number which has been in effect throughout the pandemic) or via teleconference (with reversion to the use of Court Call).

For in person court appearances, members will be required to wear masks and must bring their own with them. Hand sanitizers and disinfection of workspaces between appearances will be provided by the court.

Any questions should be directed as indicated in the operational plan which can also be found via this link: https://court.nl.ca/provincial/Revised-COVID-19_Operational_Plan-Issued_June12-Provincial-Court.pdf

Labour Standards Act

We have been advised by the Director of the Labour Relations Division that on June 12, 2020 the Government of Newfoundland and Labrador announced temporary extensions of time periods contained in the Labour Standards Act. The time period by which a temporary layoff becomes a termination has been extended from 13 weeks in a 20 week consecutive period to 26 weeks in a 33 week consecutive period and the time period to file a complaint with the Director of Labour Standards has been extended from 6 months to 12 months. Both extensions are retroactive to March 18, 2020 and will end on September 18, 2020.

The media release relating to these extensions can be found at https://www.gov.nl.ca/releases/2020/aesl/0612n04/

CLE Seminar – The Court’s Response to COVID-19

This seminar can be watched at the following link:

https://zoom.us/rec/share/v9BPMZyrr21ITtbqskyFRal6NIrAX6a80ScZ_vcOy0ZDYb80QD5IjTWL9VBVwyvz

Access password: 5h&8K0?K

June 10, 2020

Update – Law Library

The Law Library is still operating under the same rules as during the height of the pandemic. There is no physical access to the library at any time and this will remain for at least the rest of the summer.

Members can either request our scan service, i.e. we scan the table of contents, you select what you need, and we scan and return the section(s) in a PDF document. We are also available to download case law and journals from our databases.

Alternatively, you can go through our catalogue and identify texts and call numbers and provide the request to lawlibrary@lsnl.ca. When we confirm that the title(s) are available, we will request that you provide us with a 15 minute pickup window. We will place the loan on the red mailbox in the porch area and you or your designated courier can come in during regular hours and take the items.

We are currently loaning circulating items for 1 month loans, including reserve items. If you need to renew, the 3 renewal limit remains in effect.

When returning items, please place the items in the blue drop box in the porch area of the Law Society. If a signature is required then the person making the return can ring our doorbell and we will provide a name for them to record.

June 9, 2020

Transaction Levy

The Law Society has decided to extend the second quarter Transaction Levy due date and further extend the first quarter Transaction Levy due date to October 30, 2020. This is the scheduled due date for third quarter remittances. As such, members should submit all three quarters by October 30, 2020. We ask that the quarters be reported individually as usual and not be combined on the same summary form.

If you have any questions regarding the Transaction Levy, please contact Lisa Kennedy at lkennedy@lsnl.ca.

May 26, 2020

CLE Seminar – The Role of Title Insurance in COVID-19

Please see here for further details.

May 22, 2020

Amendment to Rule 18

We have amended Rule 18 to provide for alternative methods of verification, in limited circumstances, where a client, who is known to a member, does not have a government issued photo identification that is valid and current. The alternative methods do not apply to matters involving:

a) the receiving, paying or transferring of funds as outlined in Rule 16.04;
b) the witnessing of a will; or
c) the witnessing, notarizing or commissioning of a document under the Registration of Deeds Act, 2009.

The new rule requires compliance with Rule 16.06(6)(a)(ii) or Rule 16.06(6)(a)(iii) and the execution of an Affidavit outlining:

a) the member’s belief that the client does not have government issued photo identification that is valid and current and the reasons for that belief;
b) the particulars of how the client is known to the member;
c) the reasons for the member’s belief that the client is who they claim to be; and
d) the particulars of the matter.

A sample Rule 18.05A Affidavit is available on the Law Society’s COVID-19 webpage for your review:

https://lsnl.ca/wp-content/uploads/2020/05/Affidavit.pdf

May 6, 2020

Temporary Alternate Witnessing of Documents Act

Further to our email of yesterday’s date, we have been advised that the Temporary Alternate Witnessing of Documents Act has received Royal Assent. As a result, it is now in force along with Law Society Rule 18.

Law Society Rule 18, Form 18 and the Guidance Document relating to the Rule can be found below.

If you have any questions relating to Law Society Rule 18 or the Guidance Document, please contact Angie Whitehead at awhitehead@lsnl.ca

May 5, 2020

Law Society Rule 18 – Witnessing, Commissioning and Notarizing Documents Via Audio-Visual Communication

Please be advised that the House of Assembly has passed the Temporary Alternate Witnessing of Documents Act (the “Act”).

In anticipation of the Act receiving Royal Assent and in accordance with the Law Society Act, 1999, Benchers have approved Law Society Rule 18 – Witnessing, Commissioning and Notarizing Documents Via Audio-Visual Communication and Law Society Form 18. Members are required to comply with Rule 18.

https://lsnl.ca/wp-content/uploads/2020/05/Law-Society-Rule-18-1.pdf

Please follow the link below to review Law Society Form 18:

https://lsnl.ca/wp-content/uploads/2020/05/Law-Society-Form-18-2.pdf

Benchers have also approved the provision of a Guidance Document that is intended to assist members in understanding their obligations under Law Society Rule 18. Members are strongly encouraged to review this Guidance Document prior to witnessing, commissioning or notarizing a document in accordance with the Act and Law Society Rule 18. Please follow the link below to review the Guidance Document:

Guidance Document

We will provide an update when we are notified that the Act has received Royal Assent. Meanwhile, you can check the status of the Act on the House of Assembly’s website:

https://www.assembly.nl.ca/HouseBusiness/Bills/ga49session1/

If you have any questions relating to Law Society Rule 18 or the Guidance Document, please contact Angie Whitehead at awhitehead@lsnl.ca

April 27, 2020

CLE Seminar – Family Law Update (2020)

This seminar can be watched at the following link:

https://zoom.us/rec/share/2vVFNLrJzl1LaZHv827QBqkTAqf9eaa80SFM_6dbxRkgqeiUa1Sc0o5NCX2IfJrK

Access Password: 4A$%9$@#

April 7, 2020

Impact of COVID-19 on Current and Future Students-at-Law

This information is meant to address the impact of COVID-19 on current and future articling arrangements regulated by the Law Society of Newfoundland and Labrador.

For details, please see here.

April 6, 2020

Transaction Levy

The Law Society has decided to extend the first quarter Transaction Levy due date to July 30, 2020. This is the scheduled due date for second quarter remittances. As such, members should submit both quarters by July 30, 2020. We ask that the quarters be reported individually as usual and not be combined on the same summary form.

If you have any questions regarding the Transaction Levy, please contact Lisa Kennedy at lkennedy@lsnl.ca

April 3, 2020

Requirements under the Wills Act

Without a legislative amendment, the requirements for drafting a valid will under the Wills Act continue to apply. At this time, the Law Society is not aware of any movement on the government’s part to amend the Wills Act on an interim basis to deal with issues relating to the COVID-19 pandemic or the existing Pubic Health State of Emergency.

For details, please see here.

CLE Seminar – Business Continuity for Law Offices in the Face of Coronavirus

This seminar can be watched at the following link:

https://zoom.us/rec/share/_8h6A4rK7UxIRoHjyUXWRpQYPI65eaa8hCIX86VezkZ-NaMLfjC1wZvT23OEr_rw

March 27, 2020

Update Notice

As previously advised, we have been consulting with the Minister of Justice and Public Safety and his staff as well as Service NL on issues which impact on the public’s access to legal services.

To read the full update, please see here.

Client Information Disclosure Advisory

Please find attached an advisory intended to provide guidance to legal professionals testing or presumptively positive for the COVID-19 virus. The advisory suggests the appropriate action to take where lawyers are requested to disclose the name and contact information for clients who may have been exposed to the virus.

If you have any questions arising from the advisory, please direct them to the Director of Professional Responsibility, Lori Chafe at lchafe@lsnl.ca

COVID 19 Advice re Disclosure NL

March 25, 2020

Consultations with Government

We understand that these are trying times and that there are a myriad of issues arising for which you can find no easy answers. We want to reassure you that we are here and that we are consulting daily with the Minister of Justice and Public Safety and his staff on issues that impact on the public’s access to legal services. The Minister and his staff have been readily available and they are working hard to try to provide answers on the issues raised, including limitation periods and the witnessing/swearing of documents. However, these are unusual circumstances and it is possible that they may not be able to provide clarity on all issues.

In order to streamline the process and allow the Minister and his staff to focus on trying to find those answers, we are asking you to please direct your questions and concerns with respect to the public’s access to legal services to the Executive Director of the Law Society at bgrimes@lsnl.ca who will ensure that they are communicated appropriately.

In the meantime, we urge you again to ensure that you continue to provide legal services to the public in a manner that is compliant with the required social distancing and other protocols in effect during this public health emergency.

March 19, 2020

Library Service Notice

Library staff will continue to be in the building to provide reference assistance and books during regular business hours. Members, please note that your access cards have been deactivated and you cannot progress beyond the porch area.

The Law Library offers a scanning service for all members, regardless of location. During this state of emergency, we strongly encourage you to consider using our scanning service rather than requesting hard copy books.

For more information, please see here.

March 18, 2020

Operation of the Law Society during the COVID-19 Pandemic

After monitoring the rapid developments regarding COVID-19 and considering the advice of public health experts and government officials, the Law Society will be transitioning staff to work from home. Members can continue to contact Law Society staff via email: https://lsnl.ca/about-us/staff-directory/

For more information, please see here.

Information and Updates from the Insurance Programme and Professionals’ Assistance Program

October 7, 2020

Webinar – COVID-19: The Second Wave and Your Mental Health

Date: October 27, 2020
Location: online

Seminar overview: Organizations have endured challenges throughout the past several months and will continue to be affected as the number of new cases continues to rise. With the arrival of Fall, many organizations have started, and in many cases, enacted, planning to minimize the complications and difficulties we face with the onset of a second wave of COVID-19. Moving forward, employers may face additional obstacles as employees may require continuing or new forms of support as the pandemic continues. Some individuals may experience continued or amplified difficulty with mental health, anxiety, depression and fear. These added levels of stress and uncertainty can begin to take a toll on one’s mental health and, in some cases, lead to burnout.

Homewood Health will be hosting a webinar focused on the unique challenges we collectively face with the onset of a second wave of COVID-19. In this one hour webinar, you will increase your understanding of the effects of prolonged periods of stress, recognize signs and symptoms of chronic stress and burnout (including personal and workplace risk factors) and acquire self-care and resiliency strategies to mitigate the negative impacts of chronic stress both personally and professionally.

Space is limited, register now!

Register Here: Tuesday October 27th 7:00-8:00 p.m. EST facilitated by Sandy Kriegish
Register Here: Tuesday October 27th 7:00-8:00 p.m. PST facilitated by Sandy Kriegish

September 18, 2020

Back to School

Back-to-school previously signaled a time of renewal and change, exciting most students and families as they prepared for the new school year. In 2020, that excitement has been coupled with anxiety and in some instances fear for parents, kids, teachers and others who work in and around schools.

Homewood Health – Back to School Support for Kids

April 23, 2020

COVID-19: Managing the Impact

Managing the Impact

April 13, 2020

COVID-19: Financial Tips for Your Financial Health

Financial Tips for Your Financial Health

March 23, 2020

Loss Prevention Tip #38

Beware of Cybersecurity Risks During COVID-19 and Working from Home

March 19, 2020

COVID-19 – What Social Distancing Means for the Profession

For information, please see here.

March 13, 2020

Loss Prevention Tip #36

Coronavirus and your Law Practice

Loss Prevention Tip #37

Practical Steps for Your Law Practice During this Coronavirus Pandemic

March 5, 2020

A Message from Homewood, Your Professional Assistance Provider

Information re: Coronavirus

Updates – Supreme Court of Newfoundland and Labrador

Members are reminded and encouraged to check the Supreme Court’s website for up-to-date information on how the COVID-19 pandemic is affecting its operations.

November 10, 2020

Updated Guidelines for Re-Opening

The guidelines have been updated to reflect new guidance on COVID-19 symptoms provided by the Government of Newfoundland and Labrador (see parts 11.1.1 and 11.2.1).

Supreme Court of NL Guidelines to Re-opening (Updated)

October 30, 2020

Updated Guidelines for Re-Opening

The major points to note in this amended document include:

(1) The General Division in St. John’s will begin hearing short-cause civil applications (longer than 5 minutes), short-cause criminal applications, long-cause civil applications, and long-cause criminal applications in person at the Duckworth Street Courthouse. Short-cause civil applications that are expected to be less than 5 minutes will be heard by teleconference using CourtCall. Further details about this change may be found at part 6.1 of the guidelines.

(2) The guidelines now provide information for litigants, counsel, and witnesses about what to do if you have an upcoming court matter but you have a confirmed or suspected case of COVID-19, you have come into close contact with someone that has a confirmed case of COVID-19, or you are required to self-isolate for travel or other reasons. It also provides guidance on what to do if you begin to experience symptoms while at the court house. The document contains similar guidance for members of the public and the media who wish to attend the courthouse to observe proceedings. Further details about these changes may be found at part 11 of the guidelines.

Supreme Court of NL Guidelines to Re-opening (Updated)

October 2, 2020

Reminder – Court Attire

As the Supreme Court begins to hear more matters in-person, members of the Bar are reminded that, when attending court, they must adhere to the Notice to the Profession governing court attire. That Notice may be found on the Court’s webpage:

https://court.nl.ca/supreme/general/pracnotes/2016_03_10_Court_Attire.pdf

This Notice applies to both the General Division and Family Division.

September 23, 2020

Practice Note – Filing Documents by Email

This document sets out the limited circumstances in which the Registry of the Supreme Court of Newfoundland and Labrador will accept documents filed by email and the appropriate process for filing documents in this manner.

Practice Note – Filing Documents Electronically

September 11, 2020

Updated Guidelines for Re-Opening

Supreme Court of NL Guidelines to Re-opening (Updated)

August 20, 2020

Updated Guidelines for Re-Opening

Supreme Court of NL Guidelines for Re-Opening (Updated)

August 4, 2020

Re: General Order Extending Timelines

General Order Extending Timelines

July 31, 2020

Updated Guidelines for Re-Opening

Supreme Court of NL Guidelines for Re-opening (Updated)

July 8, 2020

Information Regarding Anticipated Attendees at the St. John’s General Division

Notice to the Profession and General Public – Information Regarding Anticipated Attendees

Questionnaire – In-Person Appearances

June 23, 2020

Guidelines for Re-Opening

The Court remains committed to ensuring access to justice is maintained by continuing to expand its services in a manner that protects the health and safety of the public, staff members, judges and other stakeholders. To this end, the Court lays out the following plan for re-opening.

Supreme Court of NL Guidelines to Re-opening

June 3, 2020

Court Resuming Normal Processes for Filing Documents

Notice to the Profession and General Public

Rescheduling Missed Appearances in the St. John’s Family Division

Notice to the Profession and General Public

May 29, 2020

Public and Media Attendance at Remote Appearances

Notice to the Profession and General Public

May 25, 2020

Settlement Conferences: Appearance by Video-Conference and Filing Briefs

Practice Note – Settlement Conference Briefs

May 14, 2020

Expansion of Permitted Filings and Remote Appearances

Notice to the Profession and General Public

May 8, 2020

Update – Court Operations

Notice to the Profession and General Public

May 4, 2020

Notices of Applications

Notice to the Profession and General Public

Electronic Filings and Contact Info for St. John’s Family Division

Notice to the Profession and General Public

Update – Expansion of Court Operations

Notice to the Profession and General Public

April 28, 2020

Update – Court Operations

Notice to the Profession and General Public

Re: Family Matters

Notice to the Profession and General Public

April 27, 2020

The Supreme Court is actively developing a plan to return to normal service levels as soon as it is safe to do so and will begin a gradual expansion of services starting on May 4th. A Notice providing additional details will be posted to the Court’s website early next week.

April 17, 2020

CBA-NL Consultations with the Supreme Court

The Newfoundland and Labrador Branch of the Canadian Bar Association (CBA-NL) recently wrote a letter to Chief Justice Whalen offering suggestions on how the Supreme Court of Newfoundland and Labrador may effectively utilize judicial resources and available technology in order to keep the due administration of justice operating as effectively as is reasonable in the midst of the ongoing COVID-19 pandemic.

Letter – Court Operations and the Ongoing COVID-19 Pandemic

April 3, 2020

Extensions of Time for Non-Urgent Matters

Notice to the Profession and General Public

April 2, 2020

Update – Family Law Matters and COVID-19

We have received several inquiries seeking clarification on the types of family law matters that will be deemed urgent by the Supreme Court of Newfoundland and Labrador.

The Court has directed us to the following COVID-19 Custody and Access Information Sheet that has been developed by Family Justice Services to assist parents:

Information for families with a custody and access order or agreement

The Court has advised that it will continue to provide up to date information on its operations on its website at: https://court.nl.ca/

March 30, 2020

Support Enforcement

In response to inquiries relating to Support Enforcement Matters, the Court has directed us to the following link:

https://www.gov.nl.ca/jps/childsupport/support-enforcement/

Support Enforcement has provided information for both payors (including those that may be experiencing a hardship as a result of an order) and recipients of support that may be helpful.

The Court has also noted that it will continue to deal with urgent and emergency requests in accordance with the notice to the profession issued on March 18, 2020, noted below.

March 27, 2020

Limitation Periods

We were asked to seek clarification on the meaning of “imminent” as stated in s. 5 of the Supreme Court of Newfoundland and Labrador’s Notice to the Profession and General Public, which states:

5. The Court registry will accept electronic filings (via email or fax) where a statutory deadline, or limitation period under the Limitations Act, S.N.L. 1995, c. L-16.1, is imminent.
In response, the Court has advised that it will accept electronic filings via email or fax where a limitation period is expiring while the court is operating with reduced resources and there is no direct access to the Court registry. The Court is asking members to exercise their discretion in good faith when making filings with the Court.

March 24, 2020

Update – Court Appearances

Notice to the Profession and General Public

March 20, 2020

Update – COVID-19 Preventative Measures

Notice to the Profession and General Public

March 18, 2020

Update – COVID-19 Preventative Measures

Notice to the Profession and General Public

Family Division

At this time, Family Division can only hear applications about kidnapping/abduction of a child or immediate risk to the safety of a child. If the above applies to you, please call (709) 729-2573 or email familyinquiries@supreme.court.nl.ca

March 13, 2020

Suspension of Jury Trials

Letter – March 13, 2020

Updates – Newfoundland and Labrador Court of Appeal

Members are reminded and encouraged to check the Court of Appeal’s website for up-to-date information on how the COVID-19 pandemic is affecting its operations.

September 16, 2020

Update – Court of Appeals Hearings

This Notice replaces all previous COVID-19 Notices posted on the Court of Appeal website.

Notice to the Profession and General Public – Court of Appeal Hearings

June 18, 2020

Update – Expansion of Court Operations

Notice to Profession and General Public

June 3, 2020

Update – Public and Media Attendance at Remote Hearings

Notice to Profession and General Public

April 28, 2020

Update – COVID-19 Preventative Measures

Notice to the Profession and General Public

March 19, 2020

Update – COVID-19 Preventive Measures

Notice to the Profession and General Public

Updates – Provincial Court of Newfoundland and Labrador

Members are reminded and encouraged to check the Provincial Court’s website for up-to-date information on how the COVID-19 pandemic is affecting its operations.

January 20, 2021