In Canada, injunctions, whether on an interim, interlocutory, or in exigent circumstances, ex parte basis for the infringement of intellectual property rights are within the inherent equitable jurisdiction of the superior courts of the provinces and, by extension, the Federal Court. These are the courts which, according to the various intellectual property statutes, have jurisdiction over actions for the infringement of intellectual property rights (Patent Act, subs. 5.1; Plant Breeders Rights Act, subs. 42.1; Trade-marks Act, s. 53.2; Copyright Act, s. 37; Industrial Design Act, subs. 15.1 and s. 15.2; and Integrated Circuit Topography Act, s. 9. There is no statute governing trade secrets.)
It has long been recognized that those courts continue to exercise the powers that were being exercised at the time of confederation, i.e., all the jurisdiction, power and authority historically exercised by the courts of common law and equity under the law of England and of the particular Canadian province (Courts of Justice Act, R.S.O. 1990, ch. C. 43, s. 11). As superior courts of general jurisdiction, they have all the powers that are necessary to do justice between the parties. Except where provided specifically to the contrary, the court's jurisdiction is unlimited and unrestricted in substantive law in civil matters (Giffen v. Simonton (1920), 47 O.L.R. (2d) 92 (H.C.)). That jurisdiction involves the power to grant the appropriate remedy where one does not exist, including the power to grant interlocutory relief where appropriate (R. v. Consolidated Fastfrate Transport Inc. (1995), 22 O.R. (3d) 172 (Ont. Crt. (Gen. Div.)).
Strictly speaking, the Federal Court is not a superior court in the same way that provincial superior courts are, and its jurisdiction is limited to "the better Administration of the Laws of Canada", in accordance with s. 101 of the Constitution Act, 1867. However, the Federal Court does enjoy an inherent equitable jurisdiction similar to that of the provincial superior courts in connection with the interpretation and application of federal laws, including the intellectual property statutes (Algonquin Mercantile Corp. v. Dart Industries Canada Ltd., (1988) 2 F.C. 305 at 314 et seq (Fed. C.A.)).
