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Simon Shields, LLB

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Appeals - Practice - Order Below Must be Taken Out

Appeals - Practice - Appeal is of Order, not Reasons

Ontario Wealth Management Corporation v. Sica Masonry and General Contracting Ltd. (Ont CA, 2014)

In this case the Court of Appeal noted the requirement that an order appealed from must be formalized for purposes of the appeal, and the principle that an appeal is of the order or judgment below, not of the reasons for decision:
[5] When the motion was heard, there was no signed and entered order before the court. The appeal lies from the order, not from the reasons: see Re Bearcat Exploration Ltd., 2003 ABCA 365 (CanLII), 2003 ABCA 365, at para. 13. The formal order must be before an appellate court, because it is the correctness of the disposition, and not the reasons, which is in issue: see Re Smoke (1989), 77 C.B.R. (N.S.) 263 (Ont. C.A.).


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