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
Tag Archives: Federal Court of Appeal
Appointments
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
Appointment
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.
Patentable Subject Matter
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].”
Queen
With the Queen’s passing, both the Federal Court and Federal Court of Appeal have issued practice notices today stating:
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.
Federal Court of Appeal
The Federal Court of Appeal published two updated Practice Notices:
- In-person hearings – As of September 2022, “In-person hearings will once again become the default option.”
- Media and Public Access – “Remote access is available for all hearings where available technology enables it, unless the Court orders otherwise.”
Appointment
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.
Federal Courts Rules
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.
50th Anniversary
The Federal Court and Federal Court of Appeal published a book celebrating the 50 years of the Courts. Following a book launch today, the Courts are hosting sessions later this year reflecting on key areas of jurisdiction: immigration, national security, and intellectual property.
Appointments
Several appointments were made today, including:
- Justice Siobhan Monaghan of the Tax Court as a Judge of the Federal Court of Appeal;
- Prothonotary Mandy Aylen as a Judge of the Federal Court;
- Avvy Yao-Yao Go, Clinic Director at the Metro Toronto Chinese and Southeast Asian Legal Clinic in Toronto, as a Judge of the Federal Court;
- Dr. Vanessa Rochester, Counsel at Norton Rose as a Judge of the Federal Court;
- Trent Horne, Partner at Aird & Berlis as a Prothonotary of the Federal Court; and
- Catherine A. Coughlan, General Counsel at the Department of Justice as a Prothonotary of the Federal Court.
Appointments were also made today to the Tax Court and the courts in Ontario, Alberta, Saskatchewan, New Brunswick and Newfoundland & Labrador. Continue reading Appointments