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Simon Shields, LLB

Since 2005

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Simon Shields,

Legal Writing and Research

Appeals - Grounds - Objections at Trial

Harris v. Leikin Group Inc. (Ont CA, 2014)

In this case the Court of Appeal made the following useful appeal practice point:
[53] As a general rule, a party to a civil action cannot appeal on the basis of some aspect of trial procedure to which it did not object or sit on an objection only to raise it once it learns of an unfavourable result: see Marshall v. Watson Wyatt & Co. 2002 CanLII 13354 (ON CA), (2002), 57 O.R. (3d) 813 (C.A.), at paras. 14-15; Leader Media Productions Ltd. v. Sentinel Hill Alliance Atlantis Equicap Limited Partnership 2008 ONCA 463 (CanLII), (2008), 90 O.R. (3d) 561 (C.A.), leave to appeal refused, [2008] S.C.C.A. No. 394, at paras. 50-51.

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