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Appeals - Remand from Supreme Court of Canada. R. v. Scott
In R. v. Scott (Ont CA, 2023) the Court of Appeal referenced a remand jurisdiction from the Supreme Court of Canada back to the original appellate court:[10] A formal order dismissing the conviction appeal and reducing the sentence was issued and entered in September 2022.
[11] The applicant sought leave to appeal to the Supreme Court of Canada, arguing that this court had denied him procedural fairness by failing to consider whether the verdict was reasonable. As part of the request for leave to appeal, the applicant made a request under s. 43(1.1) of the Supreme Court Act, R.S.C. 1985, c. S-26, to remand the case to this court for a new hearing. . Manastersky v. Royal Bank of Canada
In Manastersky v. Royal Bank of Canada (Ont CA, 2021) the Court of Appeal set out the (obvious) procedure for matters sent back down from the Supreme Court of Canada:II. THE APPROACH ON A REMAND
[7] On the remand of a case from the Supreme Court with directions to dispose of the case in accordance with an identified decision of that court, this court will reconsider its original decision in light of the authoritative pronouncement of the Supreme Court on issues that may have affected this court’s disposition of the appeal. If the application of the identified Supreme Court decision mandates a different disposition, this court should alter its earlier decision in light of the holdings of that decision; if it does not, this court should affirm its earlier decision: Deslaurier Custom Cabinets Inc. v. 1728106 Ontario Inc., 2017 ONCA 293, 135 O.R. (3d) 241, at para. 14, leave to appeal refused, [2016] S.C.C.A. No. 249; Sankar v. Bell Mobility Inc., 2017 ONCA 295, 410 D.L.R. (4th) 1, at para. 9, leave to appeal refused, [2016] S.C.C.A. No. 251; Mikelsteins v. Morrison Hershfield Limited, 2021 ONCA 155, at para. 16.
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