In 2015, Canadian courts issued decisions and practice
advisories to the profession that affected the landscape of
intellectual property litigation pre-trial practice, expert
evidentiary requirements, the standard of review for patent
construction, and jail time for violating court orders.
Below are our summaries of key decisions and advisories that
will impact intellectual property litigation in Canada.
Proportionality in Discovery
In June 2015, the Federal Court issued a Notice to parties and
the profession entitled "Case Management: Increased
Proportionality in Complex Litigation before the Federal
Court". The Notice outlines ten considerations for lawyers to
integrate into their practice before the Federal Court to ensure
improved case management, earlier trial judge involvement,
streamlining of discovery, limited motions and appeals, and earlier
settlement discussions:
