Canadian IP Litigation 2023: Year In Review

The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in 2023 contributed to shaping the landscape of IP litigation in Canada. Below are highlights of some of the most interesting and important developments.

1. Summary judgment and summary trial find their limits

The last few years have seen a surge in IP matters decided by summary judgment and summary trial. Following the Supreme Court of Canada's decision in Hryniak (2014 SCC 7) and years of efforts by the Federal Court to make summary adjudication more available, summary judgment and summary trial have now become useful tools to achieve faster and more cost-effective outcomes in appropriate cases. That said, they are not a panacea for all IP disputes. The Federal Court of Appeal's decision in Gemak (2022 FCA 141) in the fall of 2022 highlighted some