A Practical Guide to the Jurisdiction of the Federal Court of Canada

In Canada, litigants often face a key question: Should a case be filed in the provincial superior court (such as the Alberta Court of King’s Bench) or in the Federal Court?

Drawing from insights shared by lawyer Rob McDonald KC at a recent Legal Education Society of Alberta seminar, this article provides a concise overview of the Federal Court of Canada (FC) — its jurisdiction, procedures, and practical considerations.

1. Jurisdiction of the Federal Court

The jurisdiction of the Federal Court is not unlimited. It is defined by federal legislation and typically covers:

• Intellectual property law: patents, trademarks, copyright, industrial designs, including validity and infringement issues with nationwide effect;

• Immigration, refugee, and citizenship law;

• Maritime and admiralty law;

• Aboriginal law matters;

• Judicial review of federal boards, commissions, and tribunals.

  
  

By contrast, the Alberta Court of King’s Bench has broader jurisdiction: civil disputes, criminal law, family law, estates, and judicial review of provincial boards and tribunals. In some areas, both courts may exercise concurrent jurisdiction. However, if a case requires a nationwide remedy or uniform adjudication, the Federal Court is generally the proper venue.

2. Procedural Differences

• Limitation for service: In the Federal Court, a Statement of Claim must be served within 60 days of issuance; in King’s Bench, the limit is one year.

• Evidence stage: The Federal Court uses “discovery,” while King’s Bench uses “questioning.” The processes are similar but differ in detail.

• Expert witnesses: The Federal Court more frequently employs “hot-tubbing”, where multiple experts testify concurrently and engage with each other, often used in complex intellectual property cases.

  
  

3. Unique Powers of the Federal Court

The Federal Court possesses certain powers not available to provincial courts, such as:

• Issuing extraordinary remedies (injunctions, mandamus, prohibition) against federal authorities;

• Granting nationwide injunctions in intellectual property disputes;

• Adjudicating interprovincial disputes to ensure judgments have effect across Canada.

  
  

Exclusive Jurisdiction of the Federal Court

In addition, under the Federal Courts Act and related legislation, the Federal Court holds exclusive jurisdiction in several areas:

• Intellectual property

  • Patent infringement and validity

  • Trademark validity and expungement proceedings

  • Copyright and industrial design disputes

• Judicial review of federal decision-makers

  • Immigration, refugee, citizenship, and national security decisions

• Extraordinary remedies

  • Habeas corpus (for Canadian Forces members serving abroad), mandamus, prohibition, declaratory relief

These exclusive powers make the Federal Court a central forum in matters of national importance or where uniform rulings are required.

4. Remedies and Judgments

Available remedies in the Federal Court include:

• Monetary relief: damages for actual loss, disgorgement of profits, statutory damages;

• Non-monetary relief: interim or permanent injunctions, destruction of infringing goods, trademark expungement;

• Special remedies: such as Anton Piller orders, permitting seizure of evidence without prior notice to the defendant.

In recent years, the Federal Court has demonstrated robust enforcement powers, notably in cases of online piracy and counterfeiting. For example, in Bell Media v. GoldTV, the Court issued Canada’s first nationwide website-blocking injunction.

5. Practical Guidance

• Choosing the right forum: If the dispute is limited to Alberta, involves unregistered trademarks, or seeks relief within the province, King’s Bench may be the appropriate court. For nationwide intellectual property disputes, the Federal Court is generally preferred.

• Adhering to timelines: Procedural deadlines in the Federal Court — such as the 60-day service rule and timelines for disclosure and expert reports — must be strictly observed to avoid adverse consequences.

• Using summary trials: Where factual disputes are limited, the summary trial procedure in the Federal Court can provide a faster, more cost-effective resolution.

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Conclusion

The Federal Court plays a distinctive role in Canada’s legal system. Whether dealing with interprovincial intellectual property disputes or reviewing federal administrative decisions, the FC is an essential forum. For lawyers and litigants alike, understanding its procedural differences, unique powers, and areas of exclusive jurisdiction is critical to developing an effective litigation strategy.

At Jade Sunrise Law, we are committed both to sharing legal knowledge with the public and to providing our clients with professional, reliable legal services. Whether you are facing family, immigration, business, or litigation matters, our team is ready to offer clear guidance and practical solutions.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice or create a solicitor–client relationship. If you have a specific legal matter, you should seek advice from a qualified lawyer. Jade Sunrise Law disclaims any liability for reliance on the information contained herein.