Written by a well-respected team of authors, Federal Courts Practice is a comprehensive guide to the laws that govern the Federal Courts, with insightful expert commentary and case digests.
This publication includes:
- Introductory overview containing a comprehensive, insightful analysis of recent decisions of the Supreme Court of Canada and the Federal Courts on jurisdiction, judicial review, intellectual property, maritime law issues, and conflict of interest.
- Full text reproduction in both official languages of the current versions of the Federal Courts Act, Federal Courts Rules and Forms, the Federal Courts Immigration and Refugee Protection Rules, and the public interest immunity provisions of the Canada Evidence Act.
- Section-by-section and rule-by-rule analysis and commentary by the authors, a judge of the Federal Court and two senior practitioners, on the latest key decisions.
- Bilingual forms and tariffs of fees under the Federal Courts Rules.
- Option to access the full text of the publication as a ProView eBook.
- Option to receive Practice Advisor, an exclusive quarterly email service keeping you current on all significant statutory and regulatory changes, (for standing order subscribers).
New in this Edition
The Gazette currency for this edition is Canada Gazette Vol. 154:15 (July 22, 2020).
Recent legislation providing for suspensions of time limits and practice directions governing procedural adjustments as a result of the COVID-19 pandemic are noted at the appropriate places in the Federal Courts Act and Rules.
Notices to the Parties and the Profession, the list of Judges and Prothonotaries, and the Recent Developments section have been updated.
Author commentary has been added and updated to discuss developments in case law, legislative amendments, and changes to court processes and procedures outlined in Notices to the Profession.
Many new case annotations have been added, including the latest authorities on the conduct of hearings by videoconference in light of the constraints imposed by the pandemic. Highlights:
- Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 – SCC reconsiders framework for determining standard of review
- Clorox Company of Canada, Ltd. v. Chloretec S.E.C. , 2020 FCA 76 - Court modifies standard of review on appeals under Trademarks Act.
- Harkat v. Canada (Citizenship and Immigration) , 2020 FC 662 - Extends criminal law principles for determining whether state funding of counsel should be granted into the immigration and refugee context.
- Canada (Attorney General) v. Fabrikant, 2019 CarswellNat 3114, 2019 FCA 198 — Review of case management and the assignment of cases to judges.
- Teksavvy Solutions Inc. v. Bell Media Inc. , 2020 CarswellNat 2184, 2020 FCA 108 — Discussion of the Court’s view on intervention.
- Apotex Inc. v. Bayer Inc. , 2020 CarswellNat 1196, 2020 FCA 71 — Consideration of the Federal Court Notice to the Profession with respect to Expert Testing
- Canadian National Railway Company v. BNSF Railway Company (2020), 171 C.P.R. (4th) 253, 443 D.L.R. (4th) 713, 2020 CarswellNat 381, 2020 FCA 45 — Review of protective orders and how they differ from a confidentiality orders.