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At 01 March 2019, after just over one year's medical leave,
Simon's law practice will re-open. Whoo-hoo ....!
- 12 February 2019

THE LATEST WORD

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Appeals - Credibility - Standard of Review

R v J.E. (Ont CA, 2018)

Appeals - Appeal of Order Not Reasons

Brunning v. Canada (Attorney General) (Ont CA, 2018)

Appeals - Grounds - Failure to Make Findings of Credibility

Appeal - Misapprehension of Evidence

Appeals - Misapprehension of Evidence

Appeals - Divisional Court - Monetary Limit

Appeals - New Issues on Appeal

Appeals - Misapprehension of Evidence

Appeals - Stay Pending Appeal

Appeals - Practice - Order Below Must be Taken Out

Appeals - Practice - Appeal is of Order, not Reasons

Appeals - Grounds - Objections at Trial

Appeals - Extending Timeline to Commence

Appeals - Final versus Interlocutory Orders

Appeals - Conflict in Statutory Appeal Route

Appeals - Dismissal for Delay



Appeals - Jury Finding - Set Aside

Appeals - New Issues

Appeals - Final versus Interlocutory Orders

Appeals - Standard of Review



Appeals - Formal Orders - When Necessary on Motions

Appeals - Re-Opening

Appeals - Standard of Review - Fact-findings

Appeals - New Legal Arguments on Appeal

Appeals - Standard of Review - Contractual Interpretation - Standard Form Contracts

Appeals - Fact-findings

Appeals - Stay Pending

Appeals - Final or Interlocutory Orders

Appeals - Stay Pending Appeal

Appeals - Grounds - Inadequate Reasons

Appeals - Fresh Evidence

Appeals - Grounds - Fact-finding Error

Appeals - Misapprehension of Evidence

Appeals - Automatic Stay - Lifting

Appeals - Grounds - Inadequate Reasons



Appeals - Stay Pending

Appeals - Security for Costs - Where Appeal is Frivolous and Vexatious

Appeals - Leave to Appeal - Extension of Time

Appeals - Stay Pending Appeal

Appeals - Extension of Time to Commence

Appeals - Grounds - Misapprehension of Evidence

Appeals - Interlocutory v Final Orders

Appeals - Are From Order not from Reasons

Appeals - Where Orders Breached

Appeals - Leave to Appeal to Supreme Court of Canada - Stay Pending

Appeals - Fresh Evidence

Appeals - Raising Fresh Legal Issues in Appeal

Appeals - Standard of Review - Dunsmuir

Appeals - Final versus Interlocutory - Jurisdiction Where Appeal Combines Both

Appeals - Stay Pending

Appeals - Re-opening

Appeal - Natural Justice

Appeals - Standard of Review - Negligence

Appeals - Contracts - Standard of Review


Appeals - Stay
Thunder Bay (City) v. Canadian National Railway Company (Ont CA, 2018)



Appeals - Written Hearing Below

THMR Development Inc. v. 1440254 Ontario Ltd. (Ont CA, 2018)



------------------ Appeals

- an extensive consideration of case law bearing on the issue of whether a reference in statutes to 'decisions' and their appealability, applied to final decisions or included interlocutory [it didn't]: Sazant v. R.M. and C.I.C.B., 2010 ONSC 4273 (CanLII)

-------------------------- Appeals

Setia v. Appleby College, 2013 ONCA 753 (CanLII)

- Quashing an Appeal: [40] Relying on this court’s decision in Schmidt v. Toronto-Dominion Bank (1995), 1995 CanLII 3502 (ON CA), 24 O.R. (3d) 1, the Society argues that the threshold for the granting of an order quashing an appeal is high and that the demonstration of even a minimal level of merit to an appeal will defeat a motion to quash where it is alleged that the proposed appeal lacks merit. I agree.

Law Society Number #37308N / Website © Simon Shields 2005-2019