Key Differences In IP Litigation Between Canada And The United States

For companies and counsel navigating intellectual property enforcement across borders, it's critical to understand how litigation strategies vary between jurisdictions. While Canada and the United States share many legal principles, the practical realities of litigating IP rights in the two countries can differ significantly. From procedural rules to available remedies, these distinctions can shape both the risks and rewards of pursuing a claim. Below are five key differences that can materially impact your litigation strategy in Canada versus the United States.

1. Remedies: Differing Approaches to Damages and Injunctions

The monetary remedies on offer between the countries differ. US cases are famous for attracting treble damages (generally when a court awards a plaintiff three times the amount of their actual damages). In Canada, treble damages are not a thing, but punitive damages may be awarded (albeit rarely) if the infringer's conduct is malicious,