THE IMPACT OF COVID-19 ON THE JUDICIAL SYSTEM

THE IMPACT OF COVID-19 ON THE JUDICIAL SYSTEM

From March 15 to September 1, 2020, the courts were suspended by ministerial decree except to address emergencies. During this period, it was not possible to initiate legal actions, submit ongoing court applications, or file new legal proceedings in court. Additionally, many trials had to be postponed.

However, the long-term effects of COVID-19 on the administration of justice continue to expand, as this unique situation is likely to bring about jurisprudential changes in several areas of law.

Extended Delays

Measures were taken to prevent the suspension of courts from causing harm to litigants. Thus, an extension of the statute of limitations, i.e., the period granted by the justice system to initiate legal proceedings, was provided and granted for a duration equivalent to the suspension of judicial activities. In civil cases, this period is generally three years, but there are exceptions to this rule.

Me Olivier Martineau, from La Boite Juridique, explains: “Any potential action whose statute of limitations ended during the specified period or extended beyond it can be initiated five and a half months later than originally established. This is an important factor to consider in evaluating the admissibility of a legal claim and in assessing the deadlines and conditions for initiating legal proceedings.”

The postponement of trials previously scheduled between March and September 2020, coupled with a high concentration of legal claims following the reopening, has resulted in a significant backlog in the justice system. “There were no trials during this period. Since the reopening of the courts, there has been a catch-up, and it is likely that additional delays are to be expected,” reports Me Martineau.

Positive Changes

The pandemic, however, had positive effects on the judicial system. At a time when everyone was trying to limit gatherings and direct contact between individuals, a long-awaited and desired technological shift within the courthouses took place. It is now possible to file procedural documents and other papers online through digital filing, whereas, before the pandemic, only in-person and paper filing was possible.

Furthermore, ongoing court applications are now generally heard virtually, just like some trials. “Thanks to videoconferencing appearances and digital filings with the registry, fewer trips are necessary for lawyers. This benefits our clients as they save time and money,” says the lawyer. This also applies to the ability to allow remote participation of witnesses during examinations and hearings before the court.

Puzzle

As the courts face an unprecedented situation, this will undoubtedly lead to new avenues of thought to address it, across all legal domains.

Following the reopening of businesses (gyms, restaurants, entertainment venues), it is possible that a company may be in a precarious financial situation and may not be able to rehire all its employees. However, the current prevailing legal trend does not generally consider this reason as reasonable grounds for termination, which would normally entitle the employee to reinstatement or compensation. It remains to be seen how the courts will react when the impact of the pandemic is added to the considerations.

What about a company that, deprived of operating income due to mandatory closure, may have omitted or neglected to pay its taxes? Will the Revenue Agency be willing to grant an additional deadline? Will the entrepreneur still be subject to interest and penalties despite these exceptional circumstances? “The jurisprudence remains applicable, but the courts will have to decide whether there is a need to provide exceptions that take into account the specific context created by the pandemic,” says Me Martineau.

WARNING: The information contained in this article, while of a legal nature, does not constitute legal advice. It is recommended to consult with a professional for advice that will address your specific situation.