Monday, December 19, 2011

Trial Date Backlog

Teva Canada Limited v Wyeth LLC 2011 FC 1442 Hughes J

While probably not a surprise to those of you in litigation, this statement, from Hughes J’s decision declining to set a trial date pending appeal, caught my eye: “A second reason respecting the trial date is that consideration must be given to the pressures on this Court to find trial dates for other litigants in other cases. Even now, some litigants are not expecting trial dates until 2015" [4]. I noted a few weeks ago that we have recently seen substantive patent decisions from three judges who are new to the patent roster: Rennie J, Scott J and Crampton J (who has just been appointed Chief Justice). I wonder if this represents an attempt by the FC to deal with the backlog of patent cases?

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