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The Conduct of an Appeal Blog

Articles: 1-10 of 138

Appellate jurisdiction over interrelated final and interlocutory orders (with a COVID practice point)

Canada - April 25 2021 The Court of Appeal for Ontario recently commented on the jurisdiction of the court over interrelated final and interlocutory orders. In Martin v…

“Minimal role” for appellate courts reviewing case management orders

Canada - February 28 2021 As the Court of Appeal for Ontario recently confirmed in Louis v. Poitras, 2021 ONCA 49, discretionary case management orders attract deference on…

New Rules of the Supreme Court of Canada for 2021

Canada - January 27 2021 Effective January 27, 2021, amendments to the Rules of the Supreme Court of Canada (Rules) and the Guidelines for Preparing Documents to be Filed…

Appellate judge addresses “political or ideological” intervention motions (and other judges)

Canada - October 15 2020 The Federal Court of Appeal recently addressed the role of interveners and, in doing so, the proper role of the courts. In Canada (Attorney General)…

Court of Appeal for Ontario denies leave to file 500 page factum

Canada - September 9 2020 The Court of Appeal for Ontario has recently emphasized the requirement for concise factums on appeals. In OZ Merchandising Inc. v. Canadian…

Written “hearings” as an alternative format during the COVID-19 emergency

Canada - May 5 2020 As summarized in our periodically-updated post regarding appellate courts’ responses to COVID-19, certain courts are using written “hearings” as an…

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…