This week, the Federal Court of Appeal (FCA) extended its Suspension Period and the Canadian Intellectual Property Office (CIPO) extended its deadlines, both until the end of May.
Federal Court of Appeal
As we reported, the FCA has issued a number of Notices to the Parties and the Profession concerning the conduct of litigation during the pandemic, including a Suspension Period and various exceptions under which cases may proceed.
On May 12, 2020, the FCA published its most recent Notice to the Parties and Profession (FCA Update). The FCA Update announces that the Suspension Period—which was set to expire on May 15, 2020—is further extended to May 29, 2020. This period matches the Federal Court’s Suspension which, as we reported, is also scheduled to run until May 29, 2020.
The FCA Update advises that all the measures outlined in the FCA’s previous Notices to the Profession remain in effect, except as varied by subsequent notices. The FCA Update also provides that affidavits sworn or affirmed remotely during the Suspension Period using methods deemed acceptable in any Superior Court of any province will be accepted by the FCA for filing during the Suspension Period.
As we reported on our Brand Blog, CIPO had previously extended deadlines to May 18, 2020. On May 13, 2020, CIPO also announced an extension of its deadlines to for the remainder of May, pushing the deadlines to June 1, 2020.
Parties should consult with their counsel to understand how these updates might impact their rights and ensure that they navigate these changes appropriately.
For more information on the legal implications of COVID-19, please consult our COVID-19 Hub. As a full service global firm with offices across Canada, Norton Rose Fulbright is closely monitoring this evolving situation over a number of practice areas including employment and labour, risk advisory, banking and finance, corporate, M&A and securities, and dispute resolution and litigation, and across a variety of industries including energy, infrastructure, mining and commodities, financial institutions, life sciences and healthcare, technology and innovation, and transport.