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ARTICLE · 02 JUNE 2020

Federal Court Supports Virtual Trials For Intellectual Property Actions

The Federal Court of Canada has embraced virtual hearings as the best solution to the prolonged Covid-19 shutdown.

CanadaIntellectual Property

The Federal Court of Canada has embraced virtual hearings as the best solution to the prolonged Covid-19 shutdown. While acknowledging some litigants' concerns pertaining to procedural fairness and information security in recent rulings, the Court is more concerned that justice delayed can become justice denied.

Videoconferencing will not impede the Court's ability to assess the credibility of witnesses

The unprecedented suspensions following Covid-19 saw some litigants facing lengthy suspensions mid-way through trial. In Rovi Guides, Inc. v Videotron Ltd., one party argued that it would be unfair to require some witnesses to testify remotely after other witnesses had testified in person during the first week of trial.

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