Mark A. Gelowitz Mark A. Gelowitz

Stuart Budd & Sons Limited v. IFS Vehicle Distributors ULC: Supplemental Reasons Pending Appeal Lead to Reasonable Apprehension of Bias

Although it is trite to say that an appeal is from the order not the reasons, it is nevertheless equally trite that the reasons often provide the...

R. v. Boutilier: Crown’s Right to Appeal the Constitutional Invalidity of Dangerous Offender Provisions of the Criminal Code

In R v. Boutilier, the British Columbia Court of Appeal concluded that the Crown has a right, under s. 759(2) of the Criminal Code, to appeal final...

Truman v Association of Professional Engineers of Ontario: Ontario Divisional Court Applies Reasonableness Standard to Decision from the Discipline Committee of the Association of Professional Engineers

In its recent decision in Truman v Association of Professional Engineers of Ontario, 2016 ONSC 472  the Ontario Divisional Court applied a...

Antunes v. Limen Structures Ltd.: Lifting a Stay Pending Appeal Despite Late-Breaking Supplementary Notice of Appeal

The Ontario Court of Appeal’s decision in Antunes v. Limen Structures Ltd. explores different aspects of appellate practice, principally...

Global Royalties Limited v. Brook: Bankrupt Has No Right to Appeal Order Lifting Stay of Proceedings

In his decision in Global Royalties Limited v. Brook, Chief Justice Strathy of the Ontario Court of Appeal explained that the Bankruptcy and...

Kadiri v. Harikumar: The Importance of Choosing the Appropriate Venue for an Appeal

In Kadiri v. Harikumar, 2016 ONSC 330 the Ontario Divisional Court ruled that the Kruzick J. of the Ontario Superior Court of Justice correctly...

R v. Lacasse: Supreme Court of Canada Confirms Limited Role of Courts of Appeal to Intervene in Criminal Sentences

In criminal matters, sentencing ranges are established to indicate the maximum and minimum sentences that have been imposed for a particular crime....

Three Ontario Court of Appeal Decisions Hold Standard Form Insurance Contracts are to be Reviewed on Correctness Standard

Contract law was forever changed in Canada as a result of the Supreme Court’s 2014 decision in Sattva Capital Corp. v. Creston Moly Corp. As we...

British Columbia (Police Complaint Commissioner) v The Abbotsford Police Department: Determining Whether an Appeal is Civil or Criminal in Nature

The British Columbia Court of Appeal in British Columbia (Police Complaint Commissioner) v The Abbotsford Police Department, quashed an appeal of an...

Mardonet v. BDO Canada LLP: Orders Quashing Summons to Parties are Interlocutory and not Final

The Ontario Court of Appeal in Mardonet v. BPO Canada LLP determined that a motions judge’s order quashing a summons to a party is interlocutory,...