Written by a well-respected team of authors, Federal Courts Practice is a comprehensive guide to the laws that govern the Federal Courts, with insightful expert commentary and case digests.
This publication includes:
- Introductory overview containing a comprehensive, insightful analysis of recent decisions of the Supreme Court of Canada and the Federal Courts on jurisdiction, judicial review, intellectual property, maritime law issues, and conflict of interest.
- Full text reproduction in both official languages of the current versions of the Federal Courts Act, Federal Courts Rules and Forms, the Federal Courts Immigration and Refugee Protection Rules, and the public interest immunity provisions of the Canada Evidence Act.
- Section-by-section and rule-by-rule analysis and commentary by the authors, a judge of the Federal Court and two senior practitioners, on the latest key decisions.
- Bilingual forms and tariffs of fees under the Federal Courts Rules.
- Option to access the full text of the publication as a ProView eBook.
- Option to receive Practice Advisor, an exclusive quarterly email service keeping you current on all significant statutory and regulatory changes, (for standing order subscribers).
New in this Edition:
The Gazette currency for this edition is Canada Gazette Vol. 156:16 (August 3, 2022).
Notices to the Parties and the Profession, Procedural Charts and the list of Judges and Prothonotaries have been updated.
The Recent Developments section has been updated.
Author commentary has been added and updated to discuss developments in case law, legislative amendments, and changes to court processes and procedures, including on the following:
- Amendments to the Federal Courts Rules came into force this year and contain changes in the areas of definitions, proportionality and abuse of process, motions before the Federal Court of Appeal, and amendments to the enforcement provisions. Other amendments provide an allowance for parties to be represented by lawyers on a defined, limited mandate.
- Consolidated practice directions were issued which combined and, in some instances, modified a series of previous directions dealing with various subject matters.
- Practice directions have been amended to facilitate the return to in-person hearings. There are also updated practice directions related to Aboriginal Law and immigration law.
Case Law Highlights:
- British Columbia (Attorney General) v. Council of Canadians with Disabilities, 2022 SCC 27 – Federal Courts Act – Section 18.1 - Application for Judicial Review – Applicants-Public Interest Standing.
- Canadian Broadcasting Corp. v. Manitoba, 2021 SCC 33 - Federal Courts Act - Section 52 - Powers of Appellate Courts – Review of jurisdiction over the court record.
- Anderson v. Alberta, 2022 SCC 6 – Federal Courts Rule – Rule 400 – Awards – Costs in Advance – Review of test for advance costs.
- Canada (Attorney General) v. Iris Technologies Inc., 2022 FCA 101 – Federal Courts Rule - Rule 64 – Declaratory Relief Available - Declaratory relief must determine the rights of the parties.
- Metis National Council and Manitoba Metis Federation Inc. v. Varley, 2022 FCA 110 - Federal Courts Rules - Rule 109 – Intervention – Court considers test for granting leave intervene in a proceeding.
- Remillard c. Canada (National Revenue), 2022 FCA 63 – Rule 313 Requirement to file additional material – Considers what judge can review on judicial review.
- Air Passenger Rights v. Canada (Attorney General), 2022 FCA 64 – Rule 318 – Material to be Transmitted from a Tribunal -