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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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Blog February 13, 2017

Skunk v Ketash: Order Dismissing Summary Judgment Motion is Generally Interlocutory

In Skunk v Ketash, the Court of Appeal for Ontario found that an order dismissing a summary judgment motion was interlocutory. Hoy A.C.J.O., on...

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Blog January 30, 2017

Enerzone Inc. v. Ontario (Revenue): Order refusing to dismiss an appeal without disposing of substantive issues was interlocutory

In Enerzone Inc. v. Ontario (Revenue), the Ontario Court of Appeal quashed the Minister’s appeal on the basis that the motion judge’s order was...

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Blog January 19, 2017

Significant Amendments to the Rules of the Supreme Court of Canada

On January 1, 2017, the Rules Amending the Rules of the Supreme Court of Canada, SOR/2016-271 (the “Amendments”) and the Guidelines for...

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Blog December 14, 2016

Kukemueller v Ontario (Community Safety and Correctional Services): Deciding a Moot Appeal to Clarify the Law

In Kukemueller v Ontario (Community Safety and Correctional Services), 2016 ONCA 451, the Court of Appeal for Ontario provided brief reasons allowing...

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Blog December 12, 2016

R. v. Pahl: Determining a Sentence’s Fitness on Appeal

In a sentencing appeal, the British Columbia Court of Appeal in R v. Pahl split on the issue of how to properly determine whether a sentence was fit...

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Blog December 10, 2016

Harle v. 101090442 Saskatchewan Ltd: Clarifying the Scope of a Trial Court’s Jurisdiction on Remitted Issues

The Saskatchewan Court of Appeal in Harle v. 101090442 Saskatchewan Ltd. clarified the scope of the trial court’s jurisdiction in hearing new...

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Blog November 17, 2016

Richmond Hill (Town) v Elginbay Corporation: Statutory Uncertainty Required for Deference to Tribunal

In its decision in Richmond Hill (Town) v Elginbay Corporation, 2016 ONSC 5560 the Ontario Divisional Court noted that in order for a tribunal’s...

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Blog November 8, 2016

Boston Pizza v Registrar, Alcohol and Gaming: Standard of review applicable to decision of the License Appeal Tribunal is reasonableness

The Divisional Court’s decision in  2193145 Ontario Inc. o/a Boston Pizza v Registrar, Alcohol and Gaming, 2016 ONSC 3552 clarifies that the...

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Blog October 25, 2016

Ledcor Construction Limited v Northbridge Indemnity Insurance Company: the SCC revisits Sattva on standard of review for contractual interpretation

While initially heralded as a transformative for the law of contractual interpretation and appellate intervention, the legacy of Sattva Capital Corp...

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Blog October 4, 2016

Sorila v. Chan: Standard of Appellate Review not a matter of “directions”

In Sorila v. Chan, the British Columbia Court of Appeal held that it was inappropriate for the standard of review to be determined by way of...

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