Markwell Clarizio LLP


The Federal Court of Appeal has jurisdiction to review final judgments rendered by the Federal Court. The appellant starts an appeal by filing a Notice of Appeal identifying reviewable errors and supporting grounds. This is followed by the filing of an Appeal Book. Each party then has an opportunity to file a written argument in support of its position. Appeals are usually heard by three-judge panels approximately 9-12 months after they are filed, but hearings can be expedited. The Court may: dismiss the appeal and affirm the trial judgment; allow the appeal and make the order that ought to have made; or allow the appeal and send the matter back to the Federal Court or administrative decision-maker for redetermination. Costs are awarded to the successful party.
Provincial appellate courts have rules and powers that vary across jurisdictions.
Leave to appeal to the Supreme Court of Canada may be sought by the unsuccessful party on appeal, but leave is granted infrequently. Cases must raise issues of “public importance” or legal issues of “such a nature or significance as to warrant decision by it.” The Supreme Court typically grants leave in approximately one patent or drug regulatory dispute every few years, but grants leave in other intellectual property cases more frequently.