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The Conduct of an Appeal Blog

Articles: 21-30 of 138

Saskatchewan Court of Appeal clarifies appeal powers under the Extradition Act

Canada - January 31 2019 There is comparatively little jurisprudence interpreting the powers of an appellate court hearing an appeal against an order of committal in the…

Ontario Court of Appeal hits the brakes on arbitration clauses

Canada - January 31 2019 A recent decision from the Ontario Court of Appeal involving Uber throws into doubt the enforceability of certain arbitration clauses in employment…

Court of Appeal for Saskatchewan resolves case of first impression regarding whether order is final or interlocutory

Canada - January 15 2019 The Court of Appeal for Saskatchewan recently ruled that a chambers decision was final, not interlocutory, where it referred a series of solicitors'…

Registrar of the Supreme Court of Canada provides guidance on solicitor-client costs

Canada - January 8 2019 Rarely is the Registrar of the Supreme Court of Canada required to give reasons for the taxation of costs on applications for leave to appeal…

Ontario Court of Appeal calls for reform of family law appeal routes

Canada - December 19 2018 In a recent costs endorsement, the Court of Appeal for Ontario has again called for reform of the province’s Family Law appeal routes, as the…

R. v. D.R.S.: Standard of review on appeal challenging the adequacy of judicial assistance to a self-represented accused

Canada - November 12 2018 Where an accused alleges that the trial judge failed to provide reasonable assistance to a self-represented accused, what is the standard of review…

Manitoba Court of Appeal: “A Court of Appeal hearing is not a tea party”

Canada - October 23 2018 Justice Monnin of the Court of Appeal of Manitoba recently commented on the appropriateness of appellate judges taking an active role during appeal…

Court of Appeal for Ontario invokes transfer provisions to hear habeas corpus appeal

Canada - August 28 2018 In Toure v. Canada (Public Safety & Emergency Preparedness), 2018 ONCA 681, the Court of Appeal for Ontario recently invoked subsection 6(2) of the…

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…

R v. Perkins: No Jurisdiction to Re-Open Appeal Heard on the Merits

Canada - April 13 2017 In R v. Perkins, the Court of Appeal for Ontario held that it did not have the jurisdiction to re-open a sentence appeal that had been heard on the…