Mark A. Gelowitz Mark A. Gelowitz

Avery v. Pointes Protection Association: Standard of Review on Test for Leave to Appeal to Divisional Court is Same as Standard Applied if Leave is Granted

In Avery v. Pointes Protection Association, the Ontario Divisional Court held that when reviewing an application for leave to appeal, the Court...

R. v Shafia: Court of Appeal Applies Stringent Standard for Admitting Fresh Evidence Challenging Jurisdiction of Trial Court

In R v Shafia, the Court of Appeal for Ontario refused to admit evidence proffered, for the first time on appeal, to establish that the trial court...

Skunk v Ketash: Order Dismissing Summary Judgment Motion is Generally Interlocutory

In Skunk v Ketash, the Court of Appeal for Ontario found that an order dismissing a summary judgment motion was interlocutory. Hoy A.C.J.O., on...

Enerzone Inc. v. Ontario (Revenue): Order refusing to dismiss an appeal without disposing of substantive issues was interlocutory

In Enerzone Inc. v. Ontario (Revenue), the Ontario Court of Appeal quashed the Minister’s appeal on the basis that the motion judge’s order was...

Significant Amendments to the Rules of the Supreme Court of Canada

On January 1, 2017, the Rules Amending the Rules of the Supreme Court of Canada, SOR/2016-271 (the “Amendments”) and the Guidelines for...

Kukemueller v Ontario (Community Safety and Correctional Services): Deciding a Moot Appeal to Clarify the Law

In Kukemueller v Ontario (Community Safety and Correctional Services), 2016 ONCA 451, the Court of Appeal for Ontario provided brief reasons allowing...

R. v. Pahl: Determining a Sentence’s Fitness on Appeal

In a sentencing appeal, the British Columbia Court of Appeal in R v. Pahl split on the issue of how to properly determine whether a sentence was fit...

Harle v. 101090442 Saskatchewan Ltd: Clarifying the Scope of a Trial Court’s Jurisdiction on Remitted Issues

The Saskatchewan Court of Appeal in Harle v. 101090442 Saskatchewan Ltd. clarified the scope of the trial court’s jurisdiction in hearing new...

Richmond Hill (Town) v Elginbay Corporation: Statutory Uncertainty Required for Deference to Tribunal

In its decision in Richmond Hill (Town) v Elginbay Corporation, 2016 ONSC 5560 the Ontario Divisional Court noted that in order for a tribunal’s...

Boston Pizza v Registrar, Alcohol and Gaming: Standard of review applicable to decision of the License Appeal Tribunal is reasonableness

The Divisional Court’s decision in  2193145 Ontario Inc. o/a Boston Pizza v Registrar, Alcohol and Gaming, 2016 ONSC 3552 clarifies that the...