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Court of Appeal panel reconstitutes itself as Divisional Court in exceptional case

Canada - January 20 2020 In Bernard Property Maintenance v. Taylor, 2019 ONCA 830, a panel of the Court of Appeal for Ontario reconstituted itself as a panel of the…

Court of Appeal for Ontario articulates limits on jurisdiction to ‘pull up’ an appeal

Canada - December 4 2019 The Court of Appeal for Ontario recently released brief reasons which provide essential guidance regarding the limits of the Court’s ability to ‘pull…

Natural justice overtakes deference in contractual interpretation

Canada - June 12 2018 The Court of Appeal for Ontario has recently found another exception to the post-Sattva deference applicable to the interpretation of non-standard…

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.

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…