Mark A. Gelowitz Mark A. Gelowitz

Registrar of the Supreme Court of Canada provides guidance on solicitor-client costs

Rarely is the Registrar of the Supreme Court of Canada required to give reasons for the taxation of costs on applications for leave to appeal....

Manitoba Court of Appeal: “A Court of Appeal hearing is not a tea party”

Justice Monnin of the Court of Appeal of Manitoba recently commented on the appropriateness of appellate judges taking an active role during appeal...

Ontario Court of Appeal reaches “imperfect compromise” and calls for solution regarding transcription fees for appeals

Authorized court transcriptionists (“ACTs”) are regulated in Ontario, but inconsistencies in the framework governing their profession...

Ontario Court of Appeal clarifies jurisdictional limits of secondary market claims in Yip v. HSBC Holdings plc

The recent judgment of the Ontario Court of Appeal in Yip v. HSBC Holdings plc provides helpful guidance on the jurisdictional limits of secondary...

Salewski v. Lalonde: Characterizing an order as final or interlocutory where limitations periods were argued

In Salewski v. Lalonde, the Court of Appeal for Ontario held that an order dismissing a motion to strike a claim based in part on limitations periods...

Mars Canada Inc. v. Bemco Cash & Carry Inc.: No Appeal to the Divisional Court from order where reference directed on damages

In Mars Canada Inc. v Bemco Cash & Carry Inc., the Ontario Divisional Court held that it did not have jurisdiction to hear an appeal where the...

R. v. P.G.: Court of Appeal for Ontario holds that Crown must explicitly invoke curative proviso

In R. v. P.G., the Court of Appeal for Ontario held that the Crown must explicitly invoke the curative proviso in subparagraph 686(1)(b)(iii) of the...

Recent amendments to the Ontario rules of appellate practice

Amendments to the Ontario Rules of Civil Procedure came into effect on July 1, 2017. In addition to a number of technical amendments and amendments...

Biancaniello v. DMCT LLP: Interpretation of negotiated contract reviewed on a correctness standard because appeal raised question of public importance

In Biancaniello v. DMCT LLP, the Court of Appeal for Ontario applied the correctness standard of review on an appeal involving the interpretation of...

6524443 Canada Inc. v. Toronto (City): Ontario Court of Appeal Considers Rights of Appeal in the Context of Arbitrations

In 6524443 Canada Inc. v. Toronto (City), 2017 ONCA 486, the Court of Appeal for Ontario considered whether the appellant’s only right of...