Keeping Tabs - Fall 2021

Q1. Describe how COVID-19 has impacted your practice since March 2020.
JL: Key changes in BC have been the ability to swear affidavits virtually, attend chambers
via MS Teams and the significant increase in judicial tolerance for remote witness testimony,
at least for the time being.
JLuu: At the beginning of pandemic, a perfect storm of circumstances necessitated an
urgent resolution of a dispute. Fortunately, we were able to work cooperatively with
opposing counsel to arbitrate the matter, moving from pleadings to a Final Award in approximately
2.5 months. More recently, I have been engaged on a force majeure matter
related to delays caused by COVID-related disruptions. In other words, COVID has kept
me busy!
AP: The biggest impact, of course, has been format and location. The immediate shift
to working at home came with some challenges. One never wants to have a BBC Dad or
Cat Lawyer moment if one can avoid it. With the support of my firm, I was able to adapt
very quickly and found a tremendous number of efficiencies in my practice. The time
savings alone have been significant, as discoveries, hearings and meetings start and
end with the push of a button. It has also been a great opportunity to finish the process
of digitizing all aspects of my practice.
MAC: During the first lockdown, due to the suspension of prescription and forfeiture
periods for civil matters and deadlines for civil procedures, our day-to-day practice was
greatly impacted, as upcoming trials, examination on discovery and hearings were postponed
indefinitely. Not going to court – unless in urgent matters – also impacted all the
work usually done in preparation for hearings, and our work became more focused on
the long-term preparation of upcoming cases.
Q2. How do you expect that your practice will change in the next (i) few weeks (ii)
months (iii) year?
JL: I expect that virtual testimony will return to being the exception, given that criminal
trials, pre-trial applications, voir dires and extradition hearings have been presumptively
taking place in person since June 8, 2020 (BC Supreme Court COVID-19 Notice No. 33).
Once our courts are not forced to decide between permitting remote testimony and
adjournment of a trial, I expect that there will be much less tolerance for remote testimony.
Civil chambers continue to take place through MS Teams and, in my opinion, this
increases access to justice by reducing dead time.
JLuu: The pandemic has really pushed businesses, including the legal practice, to modernize.
We’ve all seen the advent of remote hearings, but I’m also starting to see more parties
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