Federal Court Introduces Guidelines for Summary Judgment and Summary Trial Motions in Intellectual Property Proceedings

On June 22, 2026, the Federal Court issued amendments to its Case and Trial Management Guidelines for Complex Proceedings, Proceedings under the PM(NOC) Regulations, and Appeals under Subsection 56(1) of the Trademarks Act.

The new guidelines provide clarity and assistance to parties contemplating motions for summary judgment and summary trial in intellectual property proceedings (the Summary Proceedings Guidelines), which reflect the Court’s continued focus on proportionality and efficient dispute resolution. They also provide important insight into the types of issues that may be suitable for summary determination and set out a process to be followed by parties contemplating such motions.

Early Identification of Summary Proceedings

The Summary Proceedings Guidelines require parties contemplating motions for summary judgment or summary trial to raise any such request with the Court as early as possible. Specifically, absent exceptional circumstances, in PM(NOC) actions, parties must advise the Court of a contemplated summary proceeding by the later of three months from commencement of the proceeding or the close of pleadings, and before a trial date is set. In all other intellectual property proceedings, the issue must be raised before a trial date is fixed.¹

Rule 55 of the Federal Courts Rules will continue to afford flexibility by permitting the Court to dispense with the timing condition in exceptional circumstances.

Mandatory Case Management Conference and Guidance on Appropriate Issues for Summary Judgment and Summary Trial

A significant change in the Summary Proceedings Guidelines is the requirement for a party to request a case management conference (CMC) prior to bringing a motion for summary judgment or summary trial. At the first CMC, the moving party must be prepared to address a number of specific factors detailed in the Summary Proceedings Guidelines, including the issues to be determined by summary judgment or summary trial.² The Summary Proceedings Guidelines include a list of issues that may be suitable for both summary judgment and summary trial.³ This CMC effectively functions as an early screening mechanism to assess whether summary adjudication is likely to provide a meaningful and efficient resolution of the dispute.

The Summary Proceedings Guidelines also provide that where a summary trial is approved, the presiding judge will convene an additional CMC to address specific issues such as scheduling, witnesses, and records to be filed.⁴

Addressing Situations where Parties Disagree with the Procedure Contemplated

The Summary Proceedings Guidelines create a mechanism for resolving disputes about the appropriateness of the summary procedure. Such disputes shall be determined by the presiding judge in advance of the hearing of the motion upon written submissions by the parties followed by a CMC to discuss the nature of the dispute and whether additional oral or written submissions are requested or necessary.⁵

The Summary Proceedings Guidelines also set a deadline for the presiding judge to issue an order arising from such a dispute no later than thirty (30) days from the date when submissions are completed.⁶

These requirements are likely intended to prevent parties from expending significant resources on summary motions that do not have a realistic prospect of advancing the litigation and ensuring that such disputes do not delay the timely progression of proceedings.

Ensuring Continued Progress of the Litigation

The Summary Proceedings Guidelines also address situations where a summary proceeding does not fully resolve the case. Unless the summary judgment or summary trial disposes of the entire proceeding, a further CMC must be held within 20 days of the Court’s determination of the summary issues to establish a schedule for the remaining issues.⁷

This requirement reflects the Court’s objective of ensuring that summary proceedings accelerate, rather than delay, the path to final resolution.

Takeaways

The new Summary Proceedings Guidelines formalize the Court’s expectations regarding the timing and management of summary proceedings and provide practical guidance concerning suitable issues for summary determination.

For IP litigants, the amendments offer greater predictability regarding when summary adjudication may be appropriate and suggest that the Court is increasingly receptive to resolving discrete patent, copyright and other intellectual property issues through streamlined procedures where doing so can achieve a just, expeditious and cost-effective outcome.

If you have any questions, the Cassels Litigation and Intellectual Property Groups would be pleased to discuss.

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¹ Federal Court, Case and Trial Management Guidelines for Complex Proceedings, Proceedings under the PM(NOC) Regulations, and Appeals under Subsection 56(1) of the Trademarks Act (22 June 2026) (“Case and Trial Management Guidelines”) at para 48, online (pdf): Federal Court <https://www.fct-cf.ca/Content/assets/pdf/base/2026-06-22-Case-and-Trial-Management-Guidelines-for-Complex-Proceedings-and-Proceedings-under-the-PM(NOC)-Regs.pdf>.
² Case and Trial Management Guidelines, supra note 1 at paras 49-50.
³ Case and Trial Management Guidelines, supra note 1 at paras 51-52.
⁴ Case and Trial Management Guidelines, supra note 1 at para 56.
⁵ Case and Trial Management Guidelines, supra note 1 at paras 53-54.
⁶ Case and Trial Management Guidelines, supra note 1 at para 55.
⁷ Case and Trial Management Guidelines, supra note 1 at para 57.