ÉditeurLexisNexis
Date de parutionJanvier 2024
ISBN9780433529538
Nombre de pages1682
FormatPapier
Reliurerigide
Code de produit

347.956.23

Pratique devant les Cours fédérales, édition 2024 / Canadian Federal Courts Practice, 2024 Edition


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229,00 $


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This product includes an E-Book. / Ce produit comprend un livre numérique.

Designed for the Bench – Perfect for the Practitioner
Only Canadian Federal Courts Practice, 2024 Edition / Pratique devant les Cours fédérales, édition 2024 provides all commentary, full text of legislation, Federal Courts of Canada Notices to the Legal Profession, indices, a list of judges and registry offices and an overview of Federal Court practice in English and French. Designed for both English and French practitioners who appear before the Federal Courts, this guide on the Federal Courts Act and Rules, and Federal Courts practice, provides up-to-date, section-by-section annotation and commentary for your quick reference.

Features

  • Bilingual court practice and procedure overview and section-by-section commentary
  • Bilingual reproduction of the full text of the Federal Courts Act, Federal Courts Rules, and the Federal Courts Immigration and Refugee Protection Rules – Legislation is laid out side-by-side for convenient access to both English and French versions
  • Expert section-by-section annotations of recent key developments – Serves as authoritative guide for further research
  • Bilingual pertinent practice notes and rules of courtroom procedure – Facilitates quick, last-minute verification of courtroom procedures
  • Bilingual tariffs of fees under the Federal Courts Rules – Saves time to locate key information
  • Bilingual table of contents – Locate relevant sections quickly in both English and French

Highlights of the 2024 Edition

  • Updated commentaries and caselaw throughout, including digests of recent key decisions relating to:
    • The forbearance of the Federal Courts from accepting jurisdiction in the face of arbitration clauses (Section 50)Difederico v. Amazon Com Inc., [2022] F.C.J. No. 1391, 2022 FC 1256; aff’d [2023] F.C.J. No. 1078, 2023 FCA 165
    • The preferability of leaving disputed questions regarding the admissibility of expert evidence to the hearing judge rather than striking it out on preliminary motion (Rule 52.5) Canada (Attorney General) v. Mosaic Forest Management Corporation, [2022] F.C.J. No. 1782, 2022 FCA 216
    • The evidentiary requirements to be met when seeking a protective order (Rule 151)Janssen Pharmaceutica v. Apotex Inc., 2022 FC 1262
    • When issues of credibility do/do not affect the availability of summary judgment (Rules 213-219)Gemak Trust v. Jempak Corporation, [2022] F.C.J. No. 1269, 2022 FCA 141; His Majesty the King in Right of Saskatchewan v. Witchekan First Nation, [2023] F.C.J. No. 644, 2023 FCA 105
    • The Federal Court of Appeal’s review of the evidentiary requirements for certification of a class proceeding (Rule 334.16)Canada (Attorney General) v. Nasogaluak, [2023] F.C.J. No. 334, 2023 FCA 61; Jensen v. Samsung Electronics Co. Ltd, [2021] F.C.J. No. 1847, 2021 FC 1185, aff’d [2023] F.C.J. No. 552, 2023 FCA 89

Authors

The Honourable Roger T. Hughes, K.C., B.Sc., LL.B., was a Judge of the Federal Court and ex officio member of the Federal Court of Appeal from 2005 until his retirement in September 2016. Mr. Hughes was formerly a partner of the law firm Sim, Hughes, Ashton & McKay LLP. He was designated as a Certified Specialist in intellectual property law and civil litigation by the Law Society of Upper Canada, and is a Fellow of the Intellectual Property Institute of Canada. Mr. Hughes is an author of several texts in the litigation and intellectual property fields, including: Federal Courts of Canada Service, Second Edition; Canadian Federal Courts Practice; Hughes & Woodley on Patents, Second Edition; Hughes on Trade Marks, Second Edition; Hughes on Copyright and Industrial Design, Second Edition; Patent Legislation & Commentary (annual edition); Trademarks Act & Commentary (annual edition); Copyright Legislation & Commentary (annual edition); Canadian Forms & Precedents – Intellectual Property; and Canadian Forms & Precedents – Licensing. He has also been a contributor to Halsbury’s Laws of Canada – Trademarks, Passing Off and Unfair Competition; Halsbury’s Laws of Canada – Patents, Trade Secrets and Industrial Designs; and Halsbury’s Laws of Canada – Copyright. He has published numerous papers and is a frequent speaker on diverse topics, including court practice and procedure and intellectual property. As counsel, Mr. Hughes has appeared in all levels of court, including the Supreme Court of Canada in many cases, mostly dealing with intellectual property.

Arthur B. Renaud, B.Sc., LL.B., is a member of the Law Society of Ontario. Over the last 35 years, he appeared as counsel in all levels of court, including the Supreme Court of Canada, in the intellectual property field. Mr. Renaud is a co-author of Federal Courts of Canada Service (2nd edition), Canadian Federal Courts Practice and Canadian Trademark Law Benchbook (3rd edition).

  1. E. Trent Horne is an associate judge of the Federal Court. Prior to his appointment, he appeared as lead counsel in a wide range of intellectual property matters at the tribunal, trial, and appellate level, and was certified as a specialist in all areas of intellectual property by the Law Society of Ontario in 2009. Associate Judge Horne has also been a frequent speaker on intellectual property and advocacy issues. He has been recognized by a number of directories, including Chambers Global, the Canadian Legal Lexpert directory, IAM Patent 1000, and World Trademark Review 1000. He has an AV Preeminent Peer Review Rating from Martindale-Hubbell.