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The Conduct of an Appeal Blog

Articles: 11-20 of 142

Appellate courts’ response to COVID-19

Canada - April 1 2020 Appellate courts across Canada have restricted operations to meet the challenges of the COVID-19 global health emergency. Each court has adopted its…

Unexplained delay dooms motion to extend time to perfect appeal

Canada - March 2 2020 The Court of Appeal for Ontario has the discretion to extend the time periods to perfect an appeal. The test is described in Sopinka and Gelowitz on…

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…

Supreme Court of Canada splits 4-3 on whether to proceed with moot appeal

Canada - October 21 2019 Appellate courts will rarely exercise their jurisdiction to hear a moot criminal appeal. Such a circumstance recently arose in R. v. Poulin, 2019 SCC…

Agreement that order is final does not vest the Court of Appeal with jurisdiction

Canada - October 16 2019 The Court of Appeal for Ontario has recently reminded practitioners that agreement that an order is final does not vest the Court with jurisdiction…

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…

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…