Federal Court Provides Process Guidance For Summary Judgment Motions And Trials

On June 22, 2026, the Federal Court released an amended version of the Case and Trial Management Guidelines for Complex Proceedings, Proceedings under the PM(NOC) Regulations, and Appeals under Subsection 56(1) of the Trademarks Act (the “Guidelines”), which introduces the Court’s new guidance for summary proceedings in IP proceedings (see last 2 pages).   

The Guidelines on summary proceedings “intend to provide greater clarity and assistance to parties contemplating motions for summary judgment or summary trial”, including in proceedings commenced under the PM(NOC) Regulations. The Guidelines include: 

• A requirement that a request for summary judgment or summary trial be raised as early as possible, and in an action under the PM(NOC) Regulations, by the later of three months from the start of the proceeding or the close of pleadings, and before a trial date is set. A trial date will not be set in actions under the PM(NOC) Regulations until after this period has