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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 March 25, 2016

R. v. Araya: Court of Appeal Decides “Rather Unusual Sentence Appeal”

In R. v. Araya, the Ontario Court of Appeal completed its review of a sentence for manslaughter nearly four years to the day from when the sentence...

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Blog March 18, 2016

Graham v 10 Tecumseh: Whether Appeal Should be Dismissed for Delay Decided by Test for Extension of Time to File or Perfect an Appeal

In the Ontario Divisional Court case of Graham v 10 Tecumseh, the applicant failed to perfect his appeal in accordance with the time period required...

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Blog March 10, 2016

Grand Financial Management Inc. v. Solemio Transportation Inc.: When New Issues May – and May Not – Be Raised on Appeal

Grand Financial Management Inc. v. Solemio Transportation Inc., a March 2, 2016 decision of the Ontario Court of Appeal, discusses when it is...

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Blog March 3, 2016

Hoang v Mann Engineering Ltd.: Court of Appeal Invokes Rule 2.1 to Dismiss Frivolous Motion

The Ontario Court of Appeal in Hoang v Mann Engineering Ltd.,  2015 ONCA 838 used Rule 2.1 to dismiss the appellant’s frivolous motion. While the...

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Blog February 29, 2016

R v Jackson: Ontario Court of Appeal hears Moot Appeal regarding Disclosure Application

In R v Jackson, the Ontario Court of Appeal made an order quashing a disclosure order made in the context of a impaired driving case. After receiving...

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Blog February 25, 2016

Peavine Metis Settlement v Whitehead: When can a Non-Party to a Proceeding Bring an Appeal?

In its decision in Peavine Metis Settlement v Whitehead, the Alberta Court of Appeal provided guidance on when a non-party to a proceeding can be...

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Blog February 4, 2016

Fanshawe College v AU Optronics: Whether an Order Dismissing a Motion for Summary Judgement is a Final or Interlocutory Order

The recent decision of the Ontario Court of Appeal in Fanshawe College of Applied Arts and Technology v AU Optronics Corporation, 2015 ONCA 808,...

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Blog January 25, 2016

Schwilgin v. Szivy: Costs may be Inadequate Compensation for Prejudice on a Motion for an Extension of Time

In Schwilgin v. Szivy, the Ontario Court of Appeal dismissed a self-represented litigant’s request for an extension of time to file a notice of...

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Blog January 18, 2016

Raymond v. Brauer: Nova Scotia Court of Appeal Considers the Ability of a Judge Sitting Alone to Summarily Dismiss an Appeal

In Nova Scotia, a judge of the Court of Appeal, sitting alone, may summarily dismiss an appeal if it fails to disclose any ground for appeal. The...

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Blog January 11, 2016

Catalyst Capital Group Inc. v. Moyse: Court of Appeal Confirms an Order Dismissing a Motion for Contempt is Interlocutory

In its November 17, 2015 decision, The Catalyst Capital Group Inc. v. Moyse, the Ontario Court of Appeal confirmed that an order dismissing a motion...

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