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The Conduct of an Appeal Blog

Articles: 11-20 of 138

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…

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…

Supreme Court of Canada addresses “distorting lens” metaphor of appellate review

Canada - March 8 2019 In Salomon v. Matte‑Thompson, 2019 SCC 14, the Supreme Court of Canada recently addressed, for the first time, the metaphor of the “distorting lens”…

Court of Appeal for Ontario confirms that recusal order is interlocutory

Canada - February 25 2019 In Brunning v. Fontaine, 2019 ONCA 98, the Court of Appeal for Ontario recently confirmed that a recusal order is an interlocutory order, meaning…

Court of Appeal of Manitoba finds jurisdiction for interlocutory provincial offence appeals

Canada - February 11 2019 In Winnipeg (City of) v. The Neighbourhood Bookstore and Café Ltd., 2019 MBCA 3, the Court of Appeal for Manitoba recently interpreted the new…