‘Deadlines that have not been extended risk forcing people to choose between ignoring public health advice and protecting their legal interests’
OTTAWA – With many courthouses closed for COVID-19, Canadians are facing ticking deadlines that can force people into divorce deals they don’t want or bankruptcies they could have avoided, but the Liberal government is promising new legislation to stop the clock.
The proposed legislation would extend timelines for nearly two dozen sets of federal rules, but Lametti cited the divorce act as one particular issue. Under existing legislation someone going through a divorce has 30 days to appeal if they disagree with a judgment, but with many courts largely closed, Lametti said that could be a real challenge.
Lametti said people representing themselves in court are facing the biggest challenges, because they don’t have the information to deal with these changes. He said the issues has to be addressed. Tom Laughlin, a lawyer and board member with the Canadian Bar Association, said this is a change that needs to happen because of the closures that courts are dealing with. He said some courts in the country are open, but there are restrictions in place and even if courts are functioning it may be harder for people see lawyers or get the documents they need to fight a case.
“They want to move ahead with hearings as much as they can, because if they don’t it is going to create a backlog of cases.”
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