Federal Court of Canada Intellectual Property Litigation Procedure

This article describes the procedure typically followed during intellectual property litigation in the Federal Court of Canada. Keep in mind that the process, expense, pace and duration of litigation varies depending on the nature of the action and the activities of the parties and their counsel.

Lawsuits have five main stages, which are dealt with in the following numbered paragraphs in this article:

I-IV. Pleadings

V-VI. Discovery

VII-VIII. Preparation for Trial

IX. Trial

X. Post-trial Matters

Most lawsuits begin with the filing of a Statement of Claim, which sets out the identity of the parties, the alleged facts, legal grounds for the action and remedy sought. It usually costs $3,000 to $10,000 to have an initial meeting with a lawyer and to prepare and file a Statement of Claim.