The Federal Court of Appeal has published an updated Consolidated Practice Direction. Amendments include changes on deadlines for filing fees, electronic signatures, informal motions, Rule 74 review of all new originating documents and consolidations. It takes effect today. The Consolidated Practice Direction was published in 2023 and previously updated in September 2024 and July 2025.
Tag Archives: Rule Changes
Summary Judgment/Trial
The Federal court has issued an updated practice notice addressing the procedures and substance of motions for summary judgments and summary trials, including early notice to the CMJ, suitable issues for determination, and resolution of scheduling and hearing issues. The guidance is found at paragraphs 48 to 57 of the consolidated Case and Trial Management Guidelines and is effective as of today.
New Privacy Bill
Bill C-36, “An Act to enact the Protecting Privacy and Consumer Data Act, to amend the Personal Information Protection and Electronic Documents Act and to make amendments to other Acts” was introduced today to replace the privacy provisions of PIPEDA. The new Digital Safety Commission (from Bill C-34) would replace the Privacy Commisioner for enforcement. It includes provisions directed to consent (implied/explicit), de-identification/ anonymization, “automated decision systems”, scraping email addresses, and a requirement to delete personal information upon request. Continue reading New Privacy Bill
IP Consultation
The government has opened a public consultation on 1) client-agent privilege; 2) unauthorized practice before CIPO; 3) clarity of patent ownership information; and 4) requirements of patent demand letters. The consultation is open until April 24th.
Budget
The government released its Budget 2025 today. Some intellectual property related items include: immediate expensing of productivity-enhancing assets including patents; extensions to the Elevate IP program, the Innovation Asset Collective’s Patent Collective and the IP Assist Program; modernization the Patented Medicines Prices Review Board; and amendments to the Copyright Act to create an Artist’s Resale Right.
Federal Court
The Federal Court has issued an updated New Case and Trial Management Guidelines for Complex Proceedings, Proceedings under the PM(NOC) Regulations, and Appeals under Subsection 56(1) of the Trademarks Act, effective immediately. The updates are specific to appeals of the Registrar of Trademarks under subsection 56(1) of the Trademarks Act and particularly requests for leave to file new evidence and requesting case management.
Trademark Amendments
Several amendments to the Trademarks Act and accompanying regulations are coming into force on April 1, 2025. To the Act, the changes include challenges to prohibited marks, limits on relief if there has been no use by the trademark owner, and changes to the discretion of the Federal Court on appeals from the registrar. The amendments to the regulations are directed to cost awards, confidentiality, and case management at the TMOB.
Fall Economic Statement
The 2024 Fall Economic Statement includes support for amendments to the Copyright Act to create an Artist’s Resale Right, and the intention to implement a patent box regime.
Federal Court of Appeal
The Federal Court of Appeal has published an updated Consolidated Practice Direction along with an accompanying Notice. This updates the 2023 practice direction. Updates were made to the filing of confidential materials, requests for virtual/hybrid hearings, and the discussion of condensed books/day books/compendia.
Trademark Regulations
Proposed amendments to the Trademark Regulations are published in the Canada Gazette for consultation. The proposed amendments would allow cost awards, case management and confidentiality orders before the TMOB, as well as would allow CIPO to indicate that an official mark holder is not a public authority or has ceased to exist. The changes support amendments to the Trademarks Act that are not yet in force.
Continue reading Trademark Regulations