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Instrument: “Case Management Guidelines for NOC Applications”, further to the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (as am.) (the Regulations)
Date released: Presented 12 May 2016 at CBA IP Day Town Hall; on the Federal Court website 20 May 2016
The Federal Court has introduced new guidelines for the case-management of prohibition applications under the Regulations. The new guidelines were presented by Chief Justice Crampton, Justice Manson, and Prothonotary Tabib at the Canadian Bar Association’s 2016 IP Day Town Hall meeting. They build upon a practice direction that has been in effect for proceedings of this kind since 7 January 2008 and outline procedures that emphasise early scheduling, strict time management, narrowing of issues, and limiting the amount of material to be reviewed by hearing judges. They also introduce a general rule that all Federal Court cases (including infringement/impeachment and section 8 actions) will be heard on a fixed-end basis.
As explained at the Town Hall, these guidelines are effective immediately and apply to all new prohibition applications, as well as ongoing matters provided they are early enough in the process.
The new guidelines are not absolute, but will be applied by case-management and hearing judges in the absence of exceptional reasons for departing from this approach. In part, they reiterate the process already defined by the Regulations and familiar to litigants today. Among the new policies introduced, the following are highlights:
To access a complete copy of the new guidelines, as well as the previous practice direction, follow the links below.
Link to guidelines:
IMO 2020 is almost upon us. Readers are well aware of the impending switch to 0.5 percent fuel mandated by Annex VI of MARPOL which will cause an anticipated drop in HSFO demand, the potential hazards of new untested LSFO blends, the concerns around scrubber operations, the debate over open loop versus closed loop, and the myriad of other risks associated with the impending regulatory change.