W. David Rankin W. David Rankin

Court of Appeal for Ontario invokes transfer provisions to hear habeas corpus appeal

In Toure v. Canada (Public Safety & Emergency Preparedness), 2018 ONCA 681, the Court of Appeal for Ontario recently invoked subsection 6(2) of...

Federal Court of Appeal develops “narrow” expansion of appellate jurisdiction

In Canada (Citizenship and Immigration) v. Tennant, 2018 FCA 132, the Federal Court of Appeal developed a narrow exception to the seemingly absolute...

Contractual interpretation of mandatory statutory terms is a question of law

In CHN Canada Ltd. v. Chesterman Farm Equipment Ltd., 2018 ONCA 637, the Court of Appeal for Ontario confirmed that the interpretation of an...

Natural justice overtakes deference in contractual interpretation

The Court of Appeal for Ontario has recently found another exception to the post-Sattva deference applicable to the interpretation of non-standard...

LBP Holdings Ltd. v. Hycroft Gold Corp.: Leave required to appeal certification order excluding defendants

In LBP Holdings Ltd. v. Hycroft Gold Corp. et al., Justice Thorburn held that leave to appeal to the Divisional Court was required under s. 30 of the...

Court of Appeal for Ontario imposes costs where lack of jurisdiction was clear

In Benarroch v. Abitbol, the Court of Appeal for Ontario recently fixed substantial indemnity costs at $22,000 for a motion to quash an appeal for...

Ontario (Provincial Police) v. Assessment Direct Inc.: Chambers judge cannot rule on jurisdiction of Court of Appeal for Ontario

In Ontario (Provincial Police) v. Assessment Direct Inc., Justice Juriansz, sitting in chambers, declined to hear a motion seeking directions on the...

Oral summaries thwart work product protection: The case of SEC v. Herrera

In Securities and Exchange Commission v. Herrera, 2017 WL 6041750 (S.D. Fla. December 5, 2017), a U.S. Magistrate Judge in the Southern District...

R. v. Tinker: Court of Appeal for Ontario denies leave to appeal on issue not pursued at Summary Conviction Appeal

In R. v. Tinker, the Court of Appeal for Ontario denied certain appellants (the “Tinker appellants”) leave to pursue a challenge under s....

Young v Noble: Newfoundland and Labrador Court of Appeal clarifies powers of a provincial appeal court to grant leave to appeal to the Supreme Court of Canada

In Young v. Noble, 2017 NLCA 48, the Newfoundland and Labrador Court of Appeal clarified the significant, but rarely exercised, power of a provincial...