Amendments to the Federal Courts Rules have been registered based on proposed amendments published back in 2016. These amendments include (1) increases to the monetary limit for prothonotaries and for simplified actions; (2) provide for excerpts in books of authorities; (3) a timeline for filing of books of authorities in appeals; (4) condensed appeal books; (5) establishing a “Notice of Intention to Respond” and standardize the timeline for filing a defence for defendants who are served in either Canada or the United States; and (6) clarifying the material to be contained in an applicant’s record.
The Federal Court of Appeal, in a new Practice Notice “Electronic Service of Documents for the duration of the Suspension Period”, makes electronic service by email permissible in all cases and requires email addresses be added to all documents filed with the Federal Court of Appeal, with limited exceptions, while the, now indefinite, Suspension Period is in effect.
The Federal Court of Appeal has posted an updated COVID-19 Practice Notice relating to “deteriorating situation in some jurisdictions” placing some files back in suspension and asking that materials be filed electronically.
Proposed amendments to the Federal Courts Rules were published in the Canada Gazette for consultation for 60 days. The amendments are in three parts: enforcement of orders, limited scope representation, and proportionality/abuse of process and FCA motions. Among the changes, Rule 3 would be amended to “These Rules shall be interpreted and applied (a) so as to secure the just, most expeditious and least expensive
determination of every proceeding on its merits outcome of every proceeding; and (b) with consideration being given to the principle of proportionality, including consideration of the proceeding’s complexity, the importance of the issues involved and the amount in dispute.” Continue reading Federal Courts
The FCA issued a COVID related Practice Notice this week regarding in person, remote and hybrid hearings taking place this fall. It also comments on phase out of the Suspension Period at the FCA and the Time Limits and Other Periods Act (COVID-19). The FCA has been posting cases released from the Suspension Period each week.
A couple of more COVID related announcements:
Andrew Little of Bennett Jones was appointed to the Federal Court today. Justice René LeBlanc of the Federal Court was elevated to the Federal Court of Appeal to replace Justice Gauthier, who elected to become a supernumerary judge.
The Federal Court of Appeal has issued a further notice extending its suspension period until May 15, 2020 and adjourning all hearings during this period, although parties may consent to have their matters heard remotely or decided based only on the written material. I understand that the Federal Court is likely to extend its suspension period as well.
The Ontario Superior Court has issued a Notice re-opening hearings in certain cases beyond just ‘urgent’ matters using remote hearings and relaxing requirements for service by email and filing.
WIPO has announced that the PCT International Bureau has suspended the transmittal on paper of PCT documents and notifications and will only use electronic means.