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Appeal Procedure: Test for Restoring an Appeal

Appeal Procedure: Test for Restoring an Appeal

25 Jan 2023 | Blog, Court of Appeal Decision of the Week

The CA observed that, “when an appeal is struck due to the late filing of materials, those late materials should be appended to the application in order to demonstrate to the court that the applicants are in a position to immediately cure the defect.”

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Criminal Law: Bail Pending Appeal

Criminal Law: Bail Pending Appeal

18 Jan 2023 | Blog, Court of Appeal Decision of the Week

This case concerns the test and the surrounding principles to be engaged at a critical moment in the appellate process: the moment when courts are asked to determine whether or not to grant bail.

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Criminal Law: Firearms

Criminal Law: Firearms

11 Jan 2023 | Blog, Court of Appeal Decision of the Week

Does s. 244.2(1)(a) of the Criminal Code require a firearm to be discharged from one physical place into or at a different physical place?

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Constitutional Law: Charter Challenge to Public Health Orders

Constitutional Law: Charter Challenge to Public Health Orders

21 Dec 2022 | Blog, Court of Appeal Decision of the Week

Which “justificatory framework” applies to the public health orders?

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Damages: Deference to Future Income Loss Awards

Damages: Deference to Future Income Loss Awards

14 Dec 2022 | Blog, Court of Appeal Decision of the Week

The C.A. found that, even though the Trial Judge’s analysis was “arguably absent” by way of justification for the award, the result was “substantial” and “generous” to the Appellants.

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Privilege Protecting Briefing Notes for Cabinet Ministers

Privilege Protecting Briefing Notes for Cabinet Ministers

7 Dec 2022 | Blog, Court of Appeal Decision of the Week

The decision is significant in that it states unequivocally that the Appeal Board does not have a mandate to give confidential advice to the Minister.

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