W. David Rankin W. David Rankin

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

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

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

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)

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

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

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

Unexplained delay dooms motion to extend time to perfect appeal

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

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...

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 Majority alters framework for judicial reviews and statutory appeals

On December 19, 2019, the SCC issued its decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov and Bell Canada v. Canada (Attorney...