In 2014, the Supreme Court of Canada recognized that the most
painstaking procedure is not always the best procedure to resolve
disputes – a culture shift was required to create timely and
affordable access to the civil justice system (see Hryniak). This touchstone for access
to justice is reflected in several courts’ rules of
procedure, including the Federal Court of Canada.
Nevertheless, the Federal Court has historically held that the
abbreviated procedure of summary judgment is generally not the
preferred means of resolving patent infringement actions (see here).
Typically, the court has held that such determinations are best
left to a trial judge who has had the opportunity to hear all of
the evidence live (see viva voce). This remains the case
notwithstanding the culture shift encouraged by the Supreme Court
of Canada.
