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Appeals - When Appeal Period Commences. Fanshawe College of Applied Arts and Technology v. Hitachi
In Fanshawe College of Applied Arts and Technology v. Hitachi (Ont CA, 2022) the Court of Appeal addressed the useful issue of when an appeal period commences:[25] When does the appeal period start to run? In Fontaine v. Canada (Attorney General), 2012 ONCA 206, 289 O.A.C. 190, Watt J.A. stated, at para. 57: “As a general rule, the time period within which a notice of appeal is to be delivered begins to run on the date the order under appeal is pronounced by oral or written reasons”. He added a caveat that where clarification is required because the judgment is uncertain on an issue, “the time runs from entry, not pronouncement”: at para. 59, citing Byers (Litigation Guardian of) v. Pentex Print Master Industries Inc. (2003), 2003 CanLII 42272 (ON CA), 62 O.R. (3d) 647 (C.A.).
[26] An appeal lies from a judgment or order, not from the reasons for it: Ross v. Canada Trust Company, 2021 ONCA 161, 458 D.L.R. (4th) 39, at para. 53. But where the precise import of the reasons is not clear until the judgment is settled, it is reasonable to treat that date as the date from which the appeal period begins to run. Further, in determining whether to quash an appeal on the basis that it is out of time, a panel can consider the factors that inform a decision to extend time: see Gefen v. Gaertner, 2021 ONCA 631, at para. 11.
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