Streamlining Federal Court guidelines
CBA offers feedback on summary judgment and trial procedures
In a nutshell
The CBA’s Intellectual Property Law Section is responding to the Federal Court’s request for feedback about the scope and content of upcoming practice guidelines on summary judgment and summary trial. The section supports these guidelines and values the ability to narrow the issues in a proceeding before trial to streamline procedures and promote the efficient use of both party and judicial resources.
Key considerations
The section offers recommendations to make the guidelines more helpful and assist parties reduce the risk of choosing only one of summary judgment or summary trial. The guidelines should:
- Assist parties in reducing the risk of choosing only one of summary judgment or summary trial.
- Give direction on selecting between summary judgment and summary trial, and on notice and scheduling procedures.
- Provide a clear process for continuing into a trial or summary trial after a motion for summary judgment.
- Give guidance on the burden of proof for summary trial where the moving party is a defendant.
- Indicate whether the Court plans to entertain any Markman-type summary procedure.
Why this matters
Helping the Federal Court craft new guidelines on summary judgment and summary trial will ultimately save time, costs and confusion. The CBA welcomes the opportunity to review a draft practice guideline once available and to offer specific feedback.
Read the full submission.
