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.
I have been in a (virtual) trial this week so here are some catch up items from the last while:
- CIPO – The Canadian Intellectual Property Office has extended its period of designated days through to June 15, 2020
- Federal Court and Federal Court of Appeal – Both courts have extended their Suspension Periods through to June 15, 2020 as well.
- My article, “Summary Determination of Claim Construction” was published on Slaw.
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 has issued an updated Practice Notice and Order relating to the suspension and resumption of hearings due to COVID-19. The Court’s Suspension Period is extended to May 29th and regular hearings up to June 29th are adjourned sine die with exceptions.
The Federal Court of Appeal has issued a further notice regarding the re-activation of proceedings suspended in March (see earlier post). The notice indicates that proceedings that are ready to proceed will be triaged into those that can be decided in writing, those that can proceed by video/phone, and those that should be deferred for an in-person hearing.