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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

About

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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Blog May 16, 2017

R. v. Manasseri: Court of Appeal hears application for release pending a re-trial

In R. v. Manasseri, Watt J.A., sitting in chambers, held that the Court of Appeal for Ontario was the proper forum to hear the applicant’s...

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Blog April 26, 2017

Nithiananthan v. Quash: Restricted approach to “leave on leave” in the Divisional Court

In Nithiananthan v. Quash, the administrative judge for the Ontario Divisional Court recently held that a motion for leave to appeal from an order...

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Blog April 24, 2017

R v. Perkins: No jurisdiction to re-open appeal heard on the merits

In R v. Perkins, the Court of Appeal for Ontario held that it did not have the jurisdiction to re-open a sentence appeal that had been heard on the...

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Blog April 5, 2017

Gray v. Gray: Appeal De-listed Pending Decision on Motion to Set Aside Order in Family Court

In Gray v. Gray, the Court of Appeal for Ontario de-listed an appeal from the Superior Court of Justice, Family Court Branch (“Family...

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Blog March 29, 2017

Weir’s Construction Limited v Warford: Newfoundland Court of Appeal applies the new Court of Appeal Rules regulating interventions

In Weir’s Construction Limited v Warford, the Newfoundland Court of Appeal considered an application for intervenor status under Rule 38 of the...

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Blog March 22, 2017

Ellis v Pelley Estate: Newfoundland Court of Appeal clarifies the test for reinstatement under the new Court of Appeal Rules

In Ellis v Pelley Estate, the Newfoundland Court of Appeal clarified the test for reinstatement of an appeal under the new Court of Appeal Rules, NLR...

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Blog March 13, 2017

Chuang and Meridian: Court of Appeal for Ontario Dismisses Motions to Re-Open Appeals

In Chuang v Toyota Canada Inc. and Meridian Credit Union Limited v Baig, the Court of Appeal for Ontario dismissed motions to re-open appeals...

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Blog March 10, 2017

Ontario Court of Appeal – New Civil and Criminal Practice Directions

On March 1, 2017, the Court of Appeal for Ontario adopted a new Practice Directions Concerning Civil and Criminal Appeals at the Court of...

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Blog March 8, 2017

Avery v. Pointes Protection Association: Standard of Review on Test for Leave to Appeal to Divisional Court is Same as Standard Applied if Leave is Granted

In Avery v. Pointes Protection Association, the Ontario Divisional Court held that when reviewing an application for leave to appeal, the Court...

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Blog February 27, 2017

R. v Shafia: Court of Appeal Applies Stringent Standard for Admitting Fresh Evidence Challenging Jurisdiction of Trial Court

In R v Shafia, the Court of Appeal for Ontario refused to admit evidence proffered, for the first time on appeal, to establish that the trial court...

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