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Law Society of Upper Canada v. Kivisto: Final v. Interlocutory Analysis Varies Between Civil and Regulatory Proceedings

In its decision in Law Society of Upper Canada v. Kivisto, 2016 ONSC 1400 the Ontario Divisional Court explained that because of the differences...

Runkle v Alberta (Chief Firearms Officer): mootness is alive and well

In its decision in Runkle v. Alberta (Chief Firearms Officer), the Alberta Court of Appeal dismissed an appeal from the Court of Queen's Bench on the...

Lin v. Rock: Pending Motion to the SCC for Reconsideration of Leave does not Constitute and Appeal nor Prevent Courts from Making Decisions Affecting Parties

In its decision in Lin v. Rock, 2016 ONSC 1638 the Ontario Divisional Court confirmed that a pending a motion to the Supreme Court of Canada for...

Ross-Clair v. Canada (Attorney General): Judge’s Failure to Consider Contract as a Whole Leads to Correctness Review

The Ontario Court of Appeal’s decision in Ross-Clair v. Canada (Attorney General)is another post-Sattva instance of a dispute over the standard of...

Essar Steel Algoma Inc. (Re): Determining Appeal Procedure in CCAA proceeding

In Essar Steel Algoma Inc. (Re), Justice David Brown of the Ontario Court of Appeal held that the ambit of orders “made under” the Companies’...

Fanshawe College of Applied Arts and Technology v. Au Optronics Corporation: Consolidating Class Action Appeals While Refusing to Strike Portions of a Factum

Fanshawe College of Applied Arts and Technology v. Au Optronics Corporation, is a short endorsement of the Ontario Court of Appeal that addressed two...

SS v. Nova Scotia (Community Services): Nova Scotia Court of Appeal Asked to Reconstitute Appeal under the Judicature Act

In a relatively rare request, the Nova Scotia Court of Appeal was recently asked to reconstitute an appeal under the Judicature Act that the...

Andraws v. Anslow: Reasons for Judgment Must be Adequate to Facilitate Proper Appellate Review

The British Columbia Court of Appeal in Andraws v. Anslow found that a trial judge’s reasons for judgment were inadequate, as they did not allow...

Stuart Budd & Sons Limited v. IFS Vehicle Distributors ULC: Supplemental Reasons Pending Appeal Lead to Reasonable Apprehension of Bias

Although it is trite to say that an appeal is from the order not the reasons, it is nevertheless equally trite that the reasons often provide the...

R. v. Boutilier: Crown’s Right to Appeal the Constitutional Invalidity of Dangerous Offender Provisions of the Criminal Code

In R v. Boutilier, the British Columbia Court of Appeal concluded that the Crown has a right, under s. 759(2) of the Criminal Code, to appeal final...