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The Conduct of an Appeal Blog

Articles: 41-50 of 138

Kukemueller v Ontario (Community Safety and Correctional Services): Deciding a Moot Appeal to Clarify the Law

Canada - December 14 2016 In Kukemueller v Ontario (Community Safety and Correctional Services), 2016 ONCA 451, the Court of Appeal for Ontario provided brief reasons allowing…

R. v. Pahl: Determining a Sentence’s Fitness on Appeal

Canada - December 12 2016 In a sentencing appeal, the British Columbia Court of Appeal in R v. Pahl split on the issue of how to properly determine whether a sentence was fit…

Harle v. 101090442 Saskatchewan Ltd: Clarifying the Scope of a Trial Court’s Jurisdiction on Remitted Issues

Canada - December 10 2016 The Saskatchewan Court of Appeal in Harle v. 101090442 Saskatchewan Ltd. clarified the scope of the trial court’s jurisdiction in hearing new…

Richmond Hill (Town) v Elginbay Corporation: Statutory Uncertainty Required for Deference to Tribunal

Canada - November 17 2016 In its decision in Richmond Hill (Town) v Elginbay Corporation, 2016 ONSC 5560 the Ontario Divisional Court noted that in order for a Tribunal’s…

Boston Pizza v Registrar, Alcohol and Gaming: Standard of review applicable to decision of the License Appeal Tribunal is reasonableness

Canada - November 8 2016 The Divisional Court’s decision in 2193145 Ontario Inc. o/a Boston Pizza v Registrar, Alcohol and Gaming, 2016 ONSC 3552 clarifies that the standard…

Ledcor Construction Limited v Northbridge Indemnity Insurance Company: the SCC revisits Sattva on standard of review for contractual interpretation

Canada - October 25 2016 While initially heralded as a transformative for the law of contractual interpretation and appellate intervention, the legacy of Sattva Capital Corp…

Runkle v Alberta (Chief Firearms Officer): mootness is alive and well

Canada - September 9 2016 In its decision in Runkle v. Alberta (Chief Firearms Officer), the Alberta Court of Appeal dismissed an appeal from the Court of Queen’s Bench on the…

Lin v. Rock: Pending Motion to the SCC for Reconsideration of Leave does not Constitute and Appeal nor Prevent Courts from Making Decisions Affecting Parties

Canada - August 26 2016 In its decision in Lin v. Rock, 2016 ONSC 1638 the Ontario Divisional Court confirmed that a pending a motion to the Supreme Court of Canada for…

Ross-Clair v. Canada (Attorney General): Judge’s Failure to Consider Contract as a Whole Leads to Correctness Review

Canada - August 12 2016 The Ontario Court of Appeal’s decision in Ross-Clair v. Canada (Attorney General)is another post-Sattva instance of a dispute over the standard of…

Essar Steel Algoma Inc. (Re): Determining Appeal Procedure in CCAA proceeding

Canada - August 10 2016 In Essar Steel Algoma Inc. (Re), Justice David Brown of the Ontario Court of Appeal held that the ambit of orders “made under” the Companies’…