Court of Appeal judge endorses a right to reply factums for all appeals
In a recent motion by an appellant for leave to file a five-page reply factum, Justice David Brown of the Court of Appeal for Ontario went beyond just granting the motion. In particular, in Prism Resources v. Detour Gold Corporation, Justice Brown endorsed the right to file a brief reply factum in any appeal where the appellant deems it necessary. In his words: “Written advocacy is the foundation upon which Ontario’s modern appellate advocacy process rests. Written advocacy is the main tool by which the parties educate a panel about the issues on an appeal and then attempt to persuade ... [more] Full article
Has the OSC’s “special treatment” by appeal courts come to an end?
Appeals are usually an uphill battle for the party that loses at trial, but for more than two decades the hill has been even steeper for losing parties before the ... [more] Full article
Ontario Court of Appeal can order an appeal to be heard entirely in writing – even where a party objects
In a brief scheduling decision in 4352238 Canada Inc. v. SNC Lavalin Inc., Madame Justice Lois Roberts set a new precedent for the Court of Appeal for Ontario that the ... [more] Full article
When can a member sue a Church, Club, or other Voluntary Association for treating them unfairly?
In Aga v. Ethiopian Orthodox Tewahedo Church of Canada, 2020 ONCA 10, the Ontario Court of Appeal affirmed when a voluntary association can be sued for failing to follow their ... [more] Full article