Earlier this month, the Federal Court of Appeal updated its website, including the online docket listings to be similar to the Federal Court website. As a result of this change, I have now updated the IPPractice file browser to work again, including from embedded links in the daily emails, and added direct ‘download’ links where documents are available online.
The Honourable Monica Biringer, a Judge of the Tax Court of Canada, was appointed a Judge of the Federal Court of Appeal. Appointments were also made today to Superior Court of Justice of Ontario, Superior Court of Quebec, Court of King’s Bench of Alberta.
The Federal Court of Appeal has announced a new e-filing platform and consolidated practice direction. Taking effect June 1, 2023, the direction includes the use of electronic documents, electronic service and filing, handling of confidential documents, pronouns/pronunciations, and handling of hearings,. Continue reading Federal Court of Appeal
Dr. Gerald Heckman, a professor at the University of Manitoba’s Faculty of Law in Winnipeg, was appointed a Judge of the Federal Court of Appeal. John C. Cotter, Partner at Osler, Hoskin & Harcourt LLP in Toronto, was appointed an Associate Judge of the Federal Court. Judicial appointments were also made today to the Tax Court, Ontario courts, Alberta courts, Quebec courts and the BC courts. Continue reading Appointments
Nathalie Goyette, Partner at Davies Ward Phillips & Vineberg LLP in Montréal, was appointed a Judge of the Federal Court of Appeal. Judicial appointments were also made today in British Columbia, Newfoundland and Labrador, and the Tax Court of Canada.
As reported yesterday, the government/CIPO has appealed the decision of Benjamin Moore v. AGC, 2022 FC 923 regarding the proper test to determine whether a patent application is directed to computer-implemented patentable subject matter. The Notice of Appeal (pdf) states in part, “The Judge erred by ordering the Commissioner to apply the New Test because it contradicts binding jurisprudence of the Federal Court of Appeal in [Amazon] and [Schlumberger].”
Henceforth, where the Crown is a party to a proceeding, parties should designate “His Majesty the King” rather than “Her Majesty the Queen”. With respect to pending matters, the designation will be considered to have been so altered without the need to bring a motion to amend the style of cause.
The Federal Court of Appeal published two updated Practice Notices:
Earlier this week, Justice Sylvie E. Roussel, a Judge of the Federal Court was appointed to the Federal Court of Appeal. Appointments were also made this week to the courts of Ontario, Alberta, British Columbia and Québec.
As mentioned last week, amendments to the Federal Courts Rules are being made, and were published in the Canada Gazette today for:
- miscellaneous changes including expansion to Rule 3 to focus on ‘outcome’ and proportionality rather than ‘determination’, explicit powers to limit examinations (rule 87.1) and a rule specifically for motions in writing at the Federal Court of Appeal (rule 369.2), among other things.
- enforcement of foreign judgments and arbitral awards.
- limited-scope representation.