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The Conduct of an Appeal Blog 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 November 9, 2017

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...

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Blog October 6, 2017

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...

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Blog September 26, 2017

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...

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Blog September 13, 2017

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...

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Blog August 11, 2017

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...

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Blog August 2, 2017

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...

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Blog June 30, 2017

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...

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Blog June 26, 2017

Teal Cedar Products Ltd. v. British Columbia: The Supreme Court of Canada provides further guidance on the standard of review for contractual interpretation

In Teal Cedar Products Ltd. v. British Columbia, the Supreme Court of Canada recently confirmed that contractual interpretation typically involves...

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Blog June 1, 2017

Deslaurier and Sankar: Court of Appeal for Ontario adopts a narrow approach on remand hearings

In Deslaurier Custom Cabinets Inc. v. 1728106 Ontario Inc. and Sankar v. Bell Mobility Inc., the Court of Appeal for Ontario interpreted two orders...

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Blog May 24, 2017

R v Oland: Supreme Court of Canada clarifies the test for bail pending appeal

In R v Oland, 2017 SCC 17, the Supreme Court of Canada clarified the “public interest” branch of the test for bail pending appeal.

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