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R. v. D.R.S.: Standard of review on appeal challenging the adequacy of judicial assistance to a self-represented accused

Where an accused alleges that the trial judge failed to provide reasonable assistance to a self-represented accused, what is the standard of review?...

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 grants bail pending appeal of murder conviction in rare circumstances

In R. v. Papasotiriou, 2018 ONCA 719, Justice Trotter recently granted bail pending appeal from a murder conviction that was based entirely on...

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...

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...

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....