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Federal Courts Practice 2019 (ProView only)
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Insightful and dependable interpretation of the latest developments in the Federal Courts

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, at no extra cost upon request, for standing order subscribers

New in this edition

  • The Federal Courts Act, R.S.C. 1985, c. F-7 has been updated to S.C. 2018, c. 12. ss. 304-307.
  • The Canada Evidence Act, R.S.C. 1985, c.C-5 has been updated to S.C. 2017, c. 22, s. 2.
  • Legislation has been generally updated to Canada Gazette vol. 152:16 (August 8, 2018).
  • Many new references to recent academic and professional commentary on Federal Courts jurisprudence, practice, and jurisdiction have been added.
  • The list of Judges and Prothonotaries has 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.
  • New and updated cases annotations have been added.
  • Part 1 - The Jurisdiction of the Federal Courts: An Overview has been updated by the authors.

Case law updates:

  • Over 170 new decisions from the Supreme Court of Canada, Federal Court of Appeal and Federal Court have been added.
  • Examination of Ewert v. Canada, 2018 SCC 30, in which the availability of the remedy of declaration was discussed.
  • Review of Delta Air Lines v. Lukacs, 2018 SCC 2, where the parameters of a court's power on judicial review to supplement a tribunal's reasons was clarified.
  • Analysis of Alberta v. Canada, 2018 FCA 83, in which the jurisdiction granted by section 19 of the Federal Courts Act over intergovernmental disputes was examined in light of Windsor (City), 2016 SCC 54.
  • New discussion of the procedure for dealing with vexatious litigants under section 40 of the Federal Courts Act.
  • Examination of Iggillis Holdings Inc. v. Canada (National Revenue), 2018 FCA 51, in which the law relating to common interest privilege was clarified.


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About the Author

Brian Saunders, Q.C., is a former senior federal public servant who most recently was Director of Public Prosecutions and head of the Public Prosecution Service of Canada (2006-2016: in acting capacity from 2006-2009). Prior to that he was an Assistant Deputy Attorney General in the Department of Justice (2006) and Director General of the Ottawa Civil Litigation Section (2000-2006).

He was called to the bar in 1977 and started his career as counsel in the Department of Justice. From 1977 to 2006, he represented the Crown in both criminal and civil matters before administrative tribunals and all levels of Court, principally in cases involving human rights, the Canadian Charter of Rights and Freedoms, criminal law, and administrative law.

He is co-author of Federal Courts Practice, an annual publication since 1988, and of Annotated Crown Liability and Proceedings Act 2014. Mr. Saunders has a B.A. and an LL.B. from the University of Alberta and an LL.M. and a Diploma in Legal Studies from Cambridge University. He was appointed Queen’s Counsel in 2014.

The Honourable Donald J. Rennie was appointed to the Federal Court in October 2010, Chair of the Competition Tribunal in 2012, and to the Federal Court of Appeal in February 2015. He has been Chair of the Federal Court Rules Committee since 2017.

At the time of his appointment to the bench, Justice Rennie was the Assistant Deputy Attorney General in the Department of Justice. He had responsibility for all federal litigation in the common law provinces and was Chair of the National Litigation Committee. He has appeared as counsel for the Attorney General at all levels of court in several provinces and in appeals before the Supreme Court of Canada.

Since 1988, he has co-authored Federal Courts Practice, was co-author of The 1995 Annotated Crown Liability and Proceedings Act, and also published “The Extra-territorial Application of the Charter of Rights” in the 2009 Supreme Court Law Review.

Justice Rennie received a Bachelor of Arts (B.A.) from the University of Guelph in 1975, a Bachelor of Laws (LL.B.) from Dalhousie University in 1978, and an LL.D. (honoris causa Guelph) in 2014. He was a law clerk at the Ontario Court of Appeal (1980-1981) and to the Supreme Court of the Yukon Territory (1978).

Graham Garton, Q.C., is a graduate of the University of Toronto (B.A. 1968; LL.B. 1971). He was called to the bar of Ontario in 1973. He spent 35 years as a litigation counsel in the federal Department of Justice, arguing cases at all levels of court but concentrating initially on the Federal Courts and latterly on the Supreme Court of Canada. He was named the Department’s Charter of Rights litigation coordinator in 1982 and its coordinator of civil appeals in the Supreme Court of Canada in 1995.

Graham Garton lectured on Civil Liberties at the Faculty of Law, University of Ottawa, and on the Charter of Rights at the Ottawa section of the Ontario Bar Admission Course. Until 2008, he was the editor of Charter of Rights Decisions, a digest published online by the Canadian Legal Information Institute, and he has been a co-author of Federal Courts Practice since 2004.