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The Conduct of an Appeal Blog

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Mark A. Gelowitz

Partner, Disputes, Toronto

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In the Conduct of an Appeal Blog, we provide reliable and practical information about significant developments in appellate law and practice within Canada. This blog supplements the complete discussion of appellate law and practice found within the fourth edition of Sopinka and Gelowitz on the Conduct of an Appeal by the Honourable Justice John Sopinka, Mark Gelowitz, and David Rankin. Like Sopinka and Gelowitz on the Conduct of an Appeal, this blog addresses the jurisdiction and powers of appellate courts in civil and criminal matters in Canada, together with significant procedural developments in appellate courts, including the Federal Court of Appeal and Supreme Court of Canada.

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Latest Blog Posts

Blog Mar 25, 2024

Yatar: circumscribed right of appeal does not preclude judicial review

The Supreme Court of Canada’s recent decision in Yatar v. TD Insurance Meloche Monnex clarifies that a limited right of appeal does not...

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Yatar: circumscribed right of appeal does not preclude judicial review
Blog Apr 11, 2023

Breaking the seal: BCCA recommends a procedure for media challenges to private proceedings

The open court principle is essential to the rights of freedom of expression and freedom of the press, but is not unassailable. We discuss the...

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Breaking the seal: BCCA recommends a procedure for media challenges to private proceedings
Blog Nov 15, 2022

First appeal of an arbitration award under section 59 of British Columbia’s new Arbitration Act

In Escape 101 Ventures Inc. v. March of Dimes Canada, 2022 BCCA 294, the British Columbia Court of Appeal (BCCA) held that a material misapprehension...

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First appeal of an arbitration award under section 59 of British Columbia’s new Arbitration Act
Blog Mar 17, 2022

B.C. Court of Appeal offers guidance for judicial review of administrative appeals

In College of Physicians and Surgeons of British Columbia v. The Health Professions Review Board, 2022 BCCA 10, the British Columbia Court of Appeal...

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B.C. Court of Appeal offers guidance for judicial review of administrative appeals
Blog Oct 31, 2021

Court of Appeal judge calls for reform of final-interlocutory distinction

We have written before in this blog where a judge of the Court of Appeal for Ontario has called for legislative reform of the statutory appeal routes...

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Blog Oct 14, 2021

Court of Appeal addresses novel question of appellate jurisdiction in class proceedings

The Court of Appeal for Ontario recently addressed a novel question of appellate jurisdiction: is an order refusing to extend the time to opt out of...

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Blog Apr 25, 2021

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....

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Blog Feb 28, 2021

“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...

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Blog Jan 27, 2021

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...

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Blog Oct 15, 2020

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)...

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