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
Lobat Sadrehashemi, Senior Counsel and Clinic Lead at the Immigration and Refugee Legal Clinic in Vancouver, was appointed a Judge of the Federal Court today. Justice Sadrehashemi replaces Justice Boswell, who retired earlier this year. Continue reading Federal Court
Angela Furlanetto, Prothonotary of the Federal Court in Toronto, was appointed today as a Judge of the Federal Court. She replaces Mr. Justice P.B. Annis, who elected to become a supernumerary judge effective June 18, 2020. Continue reading Federal Court
The Federal Court issued two Practice Notices today:
- Document Retention Schedule – Set a 7-year and 15-year retention guidelines for court file materials pursuant to Rule 23.1.
- COVID #7 – Closing of the registry in Ontario and Quebec for in-person activities with new guidance on virtual hearings and electronic service and filing.
The Federal Court published guidance on in-person hearings. All applications for judicial review as well as all general sittings are being heard by video conference (via Zoom) although parties may request in-person or hybrid hearings. For in-person hearings, various public health measures are implemented as set out in the guidance.
The Federal Court issued a COVID related Practice Notice today confirming that Practice Directions and Orders issued during the COVID-19 pandemic remain unaffected by the recently enacted Time Limits and Other Periods Act (COVID-19). See the Federal Court of Appeal’s decision last week in Re: Section 6 Of The Time Limits And Other Periods Act, 2020 FCA 137.
The Federal Court has issued a revised COVID-19 order (see earlier post) clarifying the 2-week buffer period after the end of the Suspension Period such that timelines will be begin to run June 30 for the Western and Eastern provinces and on July 14 for Ontario, Quebec and the territories. The update also clarifies the handling of original affidavits that may have been submitted electronically.
On Friday, I’m speaking on an IPIC webinar, “The Virtual IP Court Hearing: What You Should Know Before You “Zoom” Into Court” with Nicole Mantini, Josh Spicer and Andrew Bernstein. I’ll be sharing some of my recent experiences from the two and half-week virtual trial in the Rovi v Videotron proceeding.
The Federal Court has indicated that the Suspension Period for Ontario, Quebec and the territories will end on June 29. The Suspension Period for the rest of Canada already ended on June 15. Continue reading Federal Court
The Federal Court has issued a further COVID update:
- extending the Suspension Period through to June 29 for Ontario, Quebec and the territories;
- ending the Suspension Period for the end in the rest of the country on June 15 with hearings not being held until July 13, 2020 and certain deadlines suspended until June 29.