Ekaterina Tsimberis, Principal at Smart & Biggar LLP in Montréal, was appointed a Judge of the Federal Court yesterday. Appointments were also made to the Superior Court of Justice of Ontario, the Superior Court of Quebec and the Court of Appeal of Prince Edward Island. Continue reading Appointments
Tag Archives: Ontario Superior Court
Michael Crinson of Crinson Law LLP was appointed an Associate Judge of the Federal Court today. Appointments were also made today to the Superior Court of Ontario and the Superior Court of Quebec. 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.
Ontario Court Practice Changes
The Ontario Superior Court has published a practice advisory relating to motions practice in Toronto. Motion Scheduling Court will be rebranded as Civil Practice Court with additional case management as part of an initiative to address “motions culture” in Toronto. Changes come into effect on November 10, 2014.
Motion Practice in Ontario Court
The Ontario Court issued practice notices regarding motion practice last fall that were recently published online. The first requires, among other things, the moving party to file a Notice of Motion within 10 days after the motion date is requisitioned. The second is an announcement that additional resources are being allocated to long motions.
Electronic Documents for Court
The Ontario Superior Court has published a practice advisory entitled “Guidelines for Preparing and Delivering Electronic Documents requested by Judges”, a set of checklists, instructions and guidelines for ‘e-Delivery’ of electronic documents to judges of the Court’s Commercial List as part of a pilot project.
Remedies for dismissed PM(NOC) Proceeding
Justice Macdonald dismissed a motion to strike the Statement of Claim in Apotex Inc. v. Eli Lilly and Company, 2012 ONSC 3808 (atomoxetine) permitting claims under Section 8 of the PM(NOC) Regulations, unjust enrichment, profits and Section 7(a) of the Trade-marks Act.
Courts and electronic files
An Ontario Court judge issued a decision this week bemoaning the lack of electronic court records: “I suppose that on a sunny, unusually warm, mid-March day one should be mellow and accept, without complaint, the systemic failures and delay of this Court’s document management system.”
Trademarks and Competition Act
The Ontario Court has released a decision this week in The Commissioner of Competition v. Yellow Page Marketing, 2012 ONSC 927 which found that, contrary to the Competition Act, the respondents had made material false or misleading representations intending to deceive Canadians into believing they were dealing with the Yellow Pages Group, owner of the Yellow Pages trademark and walking fingers design.
Copyright class action against Thomson Reuters
The Ontario Superior Court has granted certification in the class action against Thomson Reuters/Carswell for copyright infringement over allegations of reproducing copies of court filed documents. The class includes lawyers in private practice who have authored materials filed with the courts and reproduced in Carswell’s “Litigator” offering.
Continue reading Copyright class action against Thomson Reuters