As the COVID-19 situation continues to evolve, courts across Canada are drastically reducing their operations. Gowling WLG's national IP Litigation team is committed and technologically equipped to quickly adapt to these rapid and significant changes. We are closely monitoring all announcements by the courts across the country, in particular, the Federal Court, where most IP matters are heard. If you have a matter before the Federal Court, these are the important points to know:

  • The Federal Court has effectively closed for one month (i.e., until April 17, 2020) with no hearings to be conducted, except in cases of exceptional or urgent matters.
  • The running of all timelines under Orders and Directions of the Court made prior to March 18, 2020, as well as under the Federal Courts Rules, and subsection 18.1(2) of the Federal Courts Act are suspended for the period of March 17 through to April 17. All other statutory deadlines continue to apply.
  • Parties shall provide the Judicial Administrator or Case Management Judge (in case managed cases) with their mutual dates of non-availability for the rescheduling of hearings that have been adjourned, no sooner than May 1, 2020 and no later than the close of business on May 15, 2020.
  • During the closure period, the Court will continue to accept materials for filing via electronic means.
  • The Court strongly recommends that parties, their counsel, members of the media and the general public refrain from attending to its facilities across the country.
  • The Court strongly encourages counsel and parties to make a concerted effort to settle their dispute, and, if they are not successful, to cooperate in identifying new dates for hearings or other matters that have been adjourned or postponed.

More information on the Federal Court's approach to the pandemic is available here.

Similar to the Federal Court, the Federal Court of Appeal has adjourned all hearings through April 17, 2020, with the exception of urgent matters, which will be heard by teleconference. The Judicial Administrator will contact counsel and parties involved in adjourned matters to schedule new dates where possible. In addition, for the purposes of the calculating of time under the Rules or under any direction or court order, the period March 16, 2020 to April 17, 2020 inclusive shall not be included in the calculation of time. In other words, time will not run during the period of March 16 - April 17, inclusive. Otherwise, during this period of time, the Court of Appeal will continue to accept materials for filing via electronic means. More information on the Federal Court of Appeal's approach to the pandemic is available here.

The Supreme Court of Canada (SCC) is also taking precautionary measures. As of March 16th, the court announced that some hearings had been adjourned to later dates but others remained on the agenda until further notice. Parties may seek adjournments or request to appear via teleconference or videoconference. There are also changes with respect to delivery of documents to the courthouse in light of COVID-19 concerns.

Should you be concerned about matters before any of the above Courts or any Provincial Courts, or have any concerns about how any of the Courts' precautionary measures may affect your IP rights or business in Canada, please contact your Gowling WLG professional. Our IP Team remains fully available to address your needs and are taking all measures to ensure your IP rights and businesses are protected and defended throughout these extraordinary circumstances. We will continue to keep you informed as further developments arise.

For other COVID-19 related resources, please visit our resource hub with information to help you manage your business during the pandemic. The hub contains critical information to guide you through various complex legal issues, as well as a list of key contacts who can provide advice on these issues.

In response to COVID-19, many Canadian courts have drastically reduced their operations. Visit our Canada-wide summary of court closures page to learn more about these changes.

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