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The Conduct of an Appeal Blog

Articles: 1-10 of 142

B.C. Court of Appeal offers guidance for judicial review of administrative appeals

Canada - March 17 2022 In College of Physicians and Surgeons of British Columbia v. The Health Professions Review Board, 2022 BCCA 10, the British Columbia Court of Appeal…

Appealing a commercial arbitration decision: the B.C. Court of Appeal confirms a restrained approach

Canada - November 11 2021 Arbitration and alternative dispute resolutions, already popular mechanisms for efficient and confidential dispute resolution, have only grown in…

Court of Appeal judge calls for reform of final-interlocutory distinction

Canada - October 31 2021 We have written before in this blog where a judge of the Court of Appeal for Ontario has called for legislative reform of the statutory appeal routes…

Court of Appeal addresses novel question of appellate jurisdiction in class proceedings

Canada - October 14 2021 The Court of Appeal for Ontario recently addressed a novel question of appellate jurisdiction: is an order refusing to extend the time to opt out of…

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…