Mark A. Gelowitz Mark A. Gelowitz

Mardonet v. BDO Canada LLP: Orders Quashing Summons to Parties are Interlocutory and not Final

The Ontario Court of Appeal in Mardonet v. BPO Canada LLP determined that a motions judge’s order quashing a summons to a party is interlocutory,...

AE Hospitality Ltd v George: Requirements of Test for Leave to Appeal Under Rule 62.02(4)

AE Hospitality Ltd v George, 2015 ONSC 7370 dealt with the test for granting leave to appeal under Rule 62.02(4) of the Ontario Rules of Civil...

Walchuk Estate v. Houghton: Final v. Interlocutory … Again

In Walchuk Estate v. Houghton, the Ontario Court of Appeal dismissed a motion to quash an appeal on the basis that the lower court’s adjournment of...

R. v. Araya: Court of Appeal Decides “Rather Unusual Sentence Appeal”

In R. v. Araya, the Ontario Court of Appeal completed its review of a sentence for manslaughter nearly four years to the day from when the sentence...

Graham v 10 Tecumseh: Whether Appeal Should be Dismissed for Delay Decided by Test for Extension of Time to File or Perfect an Appeal

In the Ontario Divisional Court case of Graham v 10 Tecumseh, the applicant failed to perfect his appeal in accordance with the time period required...

Ontario Court of Appeal upholds liability for tort of intentional interference with economic relations

The Ontario Court of Appeal has now emphasized that the tort of intentional interference with economic relations has narrow applicability, but does...

Grand Financial Management Inc. v. Solemio Transportation Inc.: When New Issues May – and May Not – Be Raised on Appeal

Grand Financial Management Inc. v. Solemio Transportation Inc., a March 2, 2016 decision of the Ontario Court of Appeal, discusses when it is...

Hoang v Mann Engineering Ltd.: Court of Appeal Invokes Rule 2.1 to Dismiss Frivolous Motion

The Ontario Court of Appeal in Hoang v Mann Engineering Ltd.,  2015 ONCA 838 used Rule 2.1 to dismiss the appellant’s frivolous motion. While the...

R v Jackson: Ontario Court of Appeal hears Moot Appeal regarding Disclosure Application

In R v Jackson, the Ontario Court of Appeal made an order quashing a disclosure order made in the context of a impaired driving case. After receiving...

Peavine Metis Settlement v Whitehead: When can a Non-Party to a Proceeding Bring an Appeal?

In its decision in Peavine Metis Settlement v Whitehead, the Alberta Court of Appeal provided guidance on when a non-party to a proceeding can be...