On November 28, 2024, the Federal Court updated its Case and Trial Management Guidelines for Complex Proceedings and Proceedings under the PM(NOC) Regulations (Guidelines for Complex Proceedings) and the accompanying Timetable Checklist for proceedings under the PM(NOC) Regulations. The Guidelines for Complex Proceedings were originally published by the Federal Court in 2020 (see our original reporting article) and were last updated on October 18, 2023. The intent of the Guidelines for Complex Proceedings is to complement the Federal Courts Rules in the management of complex proceedings (expected to require at least five trial days) and proceedings under the PM(NOC) Regulations.
The below outlines the more significant changes to the Guidelines for Complex Proceedings:
- Discoveries: Paragraph 7 clarifies that the number of discovery days is calculated per party being examined for discovery, and unless the Court orders otherwise, the duration is one day of discovery per five days of trial. New paragraph 9, however, states that the duration of discovery may be modified in light of several non-exhaustive factors relating to the volume of documentary discovery and complexity of the proceeding. Parties are now expressly encouraged to provide answers under reserve of objection during discovery pursuant to Rule 95(2).
- Specifically for cases under the PM(NOC) Regulations:
- Pre-trial conferences are now required: The Court has reversed its position and will now require a “streamlined pre-trial conference … to address the possibility of settlement”. Both counsel and the parties or their authorized representatives are to attend. The Guidelines do not provide details of how ‘streamlined’ pre-trial conferences will differ from the standard; the Federal Courts Rules for example require submission of pre-trial conference memoranda.
- Target dates for completion of discovery and for service of expert reports: Completion of the first round of examinations is now targeted for no later than six months from close of pleadings. Expert reports are now targeted for service as follows:
- Expert reports in chief – five months before trial
- Responding expert reports – three months before trial
- Reply expert reports – two months before trial
- Motion for leave to file reply expert reports – not later than three weeks before trial.
Should you have any questions, please do not hesitate to contact a member of the Pharmaceutical Litigation Group.
The preceding is intended as a timely update on Canadian intellectual property and life sciences regulatory law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.