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What happens when an appellate court releases reasons in error

Canada - August 15 2019 We deal extensively with appellate practice and procedure in Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition, but occasionally novel...

Mark A. Gelowitz.

Appeal from denial of leave to appeal: Limits to the “jurisdiction exception”

Canada - July 26 2019 There is an established line of authority that no appeal lies to the Court of Appeal for Ontario from a lower court decision denying leave to appeal...

Court of Appeal stays ‘unsealing’ order pending leave to appeal to the Supreme Court

Canada - June 12 2019 In Donovan v. Sherman Estate, 2019 ONCA 376, the Court of Appeal for Ontario set aside a sealing order, to take effect 10 days after the release of...

Supreme Court of Canada: Error for Court of Appeal to make factual finding trial judge declined to make

Canada - May 6 2019 In Brief oral reasons from the bench, the Supreme Court of Canada recently held in R. V. Wakefield, 2019 SCC 26 that it was an error for the Court of...

Mark A. Gelowitz.

Appeal quashed from “without prejudice” dismissal of motion for non-party production

Canada - April 29 2019 In Quenneville v. Robert Bosch GMBH, 2019 ONCA 235, the Court of Appeal for Ontario recently weighed back into the final-interlocutory debate in the...