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.
The Federal Court of Appeal has announced phase-out of its COVID-19 Suspension Period by identify “Selected Files” on a list to be posted each Monday starting June 22 which are released from the Suspension Period. Continue reading Federal Court of Appeal
A couple of more COVID related announcements:
- Federal Court of Appeal has extended (link) its suspension period to May 29th, from the previously announced May 15th (the same as the Federal Court)
- CIPO has extended the period of designated days through to May 29th, from the previously announced May 19th (earlier post)
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.
Continue reading Appointments
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.
There are still problems with the Federal Court website, particularly for identifying new proceedings that started since December 13th. Problems also cause some blank updates on watched files. Continue reading Federal Court
Justice Anne Mactavish, a Judge of the Federal Court was appointed yesterday to the Federal Court of Appeal. Appointments were also made in Ontario, British Columbia, Nova Scotia and Quebec.
Continue reading Appointments