Product details

Publisher: 
Carswell
Practice area: 
Civil procedure
Jurisdiction: 
Canada, Federal
Publication date: 
2021-11-03
Carswell

Federal Courts Practice, 2022, Print and ProView eBook plus Supplement, Subscription

Availability: Partial Stock

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 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. 155:16 (August 4, 2021).

Notices to the Parties and the Profession, Procedural Charts and the list of Judges and Prothonotaries 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, including on the following:

· The Federal Courts’ jurisdiction to declare provincial statutes unconstitutional

· The emergence of the principle of proportionality in the interpretation and application of the Federal Courts Rules

· The proper scope of documentary and oral discovery with reference to recent jurisprudence.

· New case law on Federal Court jurisdiction in intellectual property

Case Law Highlights:
- Sherman Estate v. Donovan, 2021 SCC 25 - Test for limits on the open court principle (Federal Courts Act, sections 3, and 153)
- Hydro-Québec v. Matta, 2020 SCC 37 - Appellate court must refrain from interfering with findings of fact and findings of mixed fact and law made by the trial judge (Federal Courts Act, section 27)
- Democracy Watch v. Canada (Attorney General), 2021 FCA 133 - Scope of judicial review under section 18.1 of Federal Courts Act
- Teksavvy Solutions Inc. v. Bell Media Inc. et al., 2021 FCA 100 – Ability of courts with equitable jurisdiction to grant injunctions (Federal Courts Act section 40)
- ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122 - Inherent in rule 3 is the concept of proportionality. (Federal Courts Rules, rule 3)
- Western Oilfield Equipment Rentals Ltd. v. M-I L.L.C., 2021 FCA 24 – Submission of submit expert reports to the trial judge before trial (Federal Courts Rules, rule 267)
- Jack v. McLean, 2021 FCA 65 – Jurisdiction to review sharing and fee agreements (Federal Courts Rules, rule 334.4)
- Apotex Inc. v. Shire LLC, 2021 FCA 54 – Trial judge's latitude in assessing lump sum awards (Federal Court Rules, rule 400)
- Canada (Citizenship and Immigration) v Canadian Council for Refugees, 2021 FCA 72 - Certified questions (Federal Courts Citizenship, Immigration and Refugee Protection Rules, Rule 18)

Carswell

Federal Courts Practice, 2022, Print and ProView eBook plus Supplement, Subscription

Availability: Partial Stock

Description

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 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. 155:16 (August 4, 2021).

Notices to the Parties and the Profession, Procedural Charts and the list of Judges and Prothonotaries 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, including on the following:

· The Federal Courts’ jurisdiction to declare provincial statutes unconstitutional

· The emergence of the principle of proportionality in the interpretation and application of the Federal Courts Rules

· The proper scope of documentary and oral discovery with reference to recent jurisprudence.

· New case law on Federal Court jurisdiction in intellectual property

Case Law Highlights:
- Sherman Estate v. Donovan, 2021 SCC 25 - Test for limits on the open court principle (Federal Courts Act, sections 3, and 153)
- Hydro-Québec v. Matta, 2020 SCC 37 - Appellate court must refrain from interfering with findings of fact and findings of mixed fact and law made by the trial judge (Federal Courts Act, section 27)
- Democracy Watch v. Canada (Attorney General), 2021 FCA 133 - Scope of judicial review under section 18.1 of Federal Courts Act
- Teksavvy Solutions Inc. v. Bell Media Inc. et al., 2021 FCA 100 – Ability of courts with equitable jurisdiction to grant injunctions (Federal Courts Act section 40)
- ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122 - Inherent in rule 3 is the concept of proportionality. (Federal Courts Rules, rule 3)
- Western Oilfield Equipment Rentals Ltd. v. M-I L.L.C., 2021 FCA 24 – Submission of submit expert reports to the trial judge before trial (Federal Courts Rules, rule 267)
- Jack v. McLean, 2021 FCA 65 – Jurisdiction to review sharing and fee agreements (Federal Courts Rules, rule 334.4)
- Apotex Inc. v. Shire LLC, 2021 FCA 54 – Trial judge's latitude in assessing lump sum awards (Federal Court Rules, rule 400)
- Canada (Citizenship and Immigration) v Canadian Council for Refugees, 2021 FCA 72 - Certified questions (Federal Courts Citizenship, Immigration and Refugee Protection Rules, Rule 18)