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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

Federal Courts Rules

Amendments to the Federal Courts Rules have been registered based on proposed amendments published back in 2016. These amendments include (1) increases to the monetary limit for prothonotaries and for simplified actions; (2) provide for excerpts in books of authorities; (3) a timeline for filing of books of authorities in appeals; (4) condensed appeal books; (5) establishing a “Notice of Intention to Respond” and standardize the timeline for filing a defence for defendants who are served in either Canada or the United States; and (6) clarifying the material to be contained in an applicant’s record.

Continue reading Federal Courts Rules

PM(NOC)

Proposed amendments to the Patented Medicines (Notice of Compliance) Regulations have been published for consultation in the Canada Gazette to expand the definition of a “claim for medicinial ingredient” to include salts so that “the scope of protection under the Regulations corresponds to the type of activities contemplated under the proposed amendments to the [Food and Drug Regulations]”. Continue reading PM(NOC)

Copyright

The government has launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments until May 31. The consultation includes issues of intermediaries’ safe harbour protections against liability for copyright infringement, how intermediaries’ knowledge of infringement and content-related activities affect their liability as well as their attendant obligations,  remuneration of rights holders through collective licensing of their copyright-protected content on certain platforms,  transparency in rights holders’ remuneration and online uses of their content; and rights holders’ enforcement tools against intermediaries, including by way of a statutory “website-blocking” and “de-indexing” regime. Continue reading Copyright

Federal Courts

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