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Appeals - Conflict in Statutory Appeal Route

Punit v Punit (Ont CA, 2014)

In this interesting case an appellant appealed to the Court of Appeal from an Order issued under the Partition Act, despite that Act providing for appeal of such orders to the Divisional Court. While s.6(2) of the Courts of Justice Act provides that the Court of Appeal may assume full jurisdiction in appeals or two or more Orders where the statutory appeal routes are different for different orders, here only one order was being appealed. The Court of Appeal nonetheless assumed jurisdiction as 'designate' of the Chief Justice of the Superior Court (of which the Divisional Court is a branch).
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