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The Conduct of an Appeal Blog

Articles: 31-40 of 138

Gray v. Gray: Appeal De-listed Pending Decision on Motion to Set Aside Order in Family Court

Canada - April 5 2017 In Gray v. Gray, the Court of Appeal for Ontario de-listed an appeal from the Superior Court of Justice, Family Court Branch ("Family Court") until…

Weir’s Construction Limited v Warford: Newfoundland Court of Appeal applies the new Court of Appeal Rules regulating interventions

Canada - March 29 2017 In Weir's Construction Limited v Warford, the Newfoundland Court of Appeal considered an application for intervenor status under Rule 38 of the new…

Ellis v Pelley Estate: Newfoundland Court of Appeal clarifies the test for reinstatement under the new Court of Appeal Rules

Canada - March 22 2017 In Ellis v Pelley Estate, the Newfoundland Court of Appeal clarified the test for reinstatement of an appeal under the new Court of Appeal Rules, NLR…

Chuang and Meridian: Court of Appeal for Ontario Dismisses Motions to Re-Open Appeals

Canada - March 13 2017 In Chuang v Toyota Canada Inc. and Meridian Credit Union Limited v Baig, the Court of Appeal for Ontario dismissed motions to re-open appeals brought…

Ontario Court of Appeal - New Civil and Criminal Practice Directions

Canada - March 10 2017 On March 1, 2017, the Court of Appeal for Ontario adopted a new Practice Directions Concerning Civil and Criminal Appeals at the Court of Appeal…

Avery v. Pointes Protection Association: Standard of Review on Test for Leave to Appeal to Divisional Court is Same as Standard Applied if Leave is Granted

Canada - March 8 2017 In Avery v. Pointes Protection Association, the Ontario Divisional Court held that when reviewing an application for leave to appeal, the Court…

R. v Shafia: Court of Appeal Applies Stringent Standard for Admitting Fresh Evidence Challenging Jurisdiction of Trial Court

Canada - February 27 2017 In R v Shafia, the Court of Appeal for Ontario refused to admit evidence proffered, for the first time on appeal, to establish that the trial court…

Skunk v Ketash: Order Dismissing Summary Judgment Motion is Generally Interlocutory

Canada - February 13 2017 In Skunk v Ketash, the Court of Appeal for Ontario found that an order dismissing a summary judgment motion was interlocutory. Hoy A.C.J.O., on…

Enerzone Inc. v. Ontario (Revenue): Order refusing to dismiss an appeal without disposing of substantive issues was interlocutory

Canada - January 30 2017 In Enerzone Inc. v. Ontario (Revenue), the Ontario Court of Appeal quashed the Minister’s appeal on the basis that the motion judge’s order was…

Significant Amendments to the Rules of the Supreme Court of Canada

Canada - January 19 2017 On January 1, 2017, the Rules Amending the Rules of the Supreme Court of Canada, SOR/2016-271 (the "Amendments") and the Guidelines for Preparing…