On April 21, 2021, the Federal Court of Appeal (FCA) announced that it will restore the Suspension Period by default for all new matters and begin reinstating the Suspension Period on existing matters by removing them from its Selected Files List.
Selected Files
As previously reported in June 2020 (June 2020 Update), the FCA began to gradually lift the indefinite Suspension Period, 1 by adding ongoing files to its Selected Files List. The Suspension Period was lifted for these files which were to proceed according to the time limits under the Federal Courts Rules or set out in orders and directions of the FCA. By the fall of 2020, the Suspension Period had been lifted on all pending FCA files.
Due to the rise of COVID numbers, the FCA has now reinstated the Suspension Period, making all new matters subject to the Suspension Period by default and further deselecting files that were on the Selected Files List (Deselected Files). Deselected Files will still be subject to statutory timelines set out in the Federal Courts Act and other federal legislation.
Motions for selection or deselection
As outlined in our June 2020 Update, Parties may move to have their file deselected and made subject to the Suspension Period, or to have their file designated as a Selected File and subject to regular time limits.
Hearings will continue to be heard remotely. The FCA also continues to encourage Parties to file their non-confidential documents by email, 2 and to refer to the e-filing guide, Requirements and Recommendations For Filing Electronic Court Documents in the Federal Court of Appeal.
Thank you to Caroline Henrie, Christopher A. Guerreiro and David Yi for their help in drafting this article.
Footnotes
1 We discuss the details of the original Suspension Period instituted in March 2020, here.
2 One paper copy is still required for Appeal Books and Application Records.
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