Mark A. Gelowitz Mark A. Gelowitz

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

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)...

Canada: International Arbitration Comparative Guide

Published by Mondaq, the International Arbitration Comparative Guide provides a comparative overview of some of the key points of law and practice...

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

As summarized in our periodically-updated post regarding appellate courts’ responses to COVID-19, certain courts are using written...

Obligations et droits contractuels dans le contexte de la COVID-19

Les importantes perturbations causées par la pandémie mondiale de COVID-19 menacent la stabilité des relations contractuelles et les attentes...

Supreme Court of Canada reshapes standards of review for administrative appeals

In Canada (Minister of Citizenship and Immigration) v. Vavilov, the Supreme Court of Canada recently determined that the appellate standards of...

Supreme Court of Canada splits 4-3 on whether to proceed with moot appeal

Appellate courts will rarely exercise their jurisdiction to hear a moot criminal appeal. Such a circumstance recently arose in R. v. Poulin, 2019 SCC...

What happens when an appellate court releases reasons in error

We deal extensively with appellate practice and procedure in Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition, but occasionally novel...

Supreme Court of Canada: Error for Court of Appeal to make factual finding trial judge declined to make

In brief oral reasons from the bench, the Supreme Court of Canada recently held in R. v. Wakefield, 2019 SCC 26 that it was an error for the Court of...

Supreme Court of Canada addresses “distorting lens” metaphor of appellate review

In Salomon v. Matte‑Thompson, 2019 SCC 14, the Supreme Court of Canada recently addressed, for the first time, the metaphor of the...