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The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost. ....
Canmar 5 was a trend for a day or here to stay. This year, the Federal Court has seen increased attempts by litigants to resolve matters more expeditiously by way of dispositive motions. Summary judgment was granted in three cases 6 and two motions for default judgment were brought but dismissed based on insufficient evidence. ViiV Healthcare Company v. Gilead Sciences Canada, 8 the Court held that completion of discoveries is not a precondition to summary trial such that resolution may be sought at very early stages of the proceeding. We saw the Federal Court grant summary disposition to (a) dispose of claim construction argument, ....
To print this article, all you need is to be registered or login on Mondaq.com. While 2019 was historic in terms of the changes it brought to Canadian trademark law, 2020 was unprecedented, bringing the world together in a common quest to combat the COVID-19 pandemic. Yet, despite considerable turmoil and disruption, Canadian trademark practitioners remained resilient and active. Many of the amendments to the Canadian Trademarks Act, implemented in 2019, received considerable attention and review by the Examination Section of the Trademarks Office as well as the Opposition Board. In addition, the Federal Court and Federal Court of Appeal provided valuable guidance in several noteworthy decisions. The following ....