In this case, the Court of Appeal is signalling that, where a trial judge conducts a “careful assessment of the evidence” and articulates “logical bases” for their findings, the scope of appellate intervention narrows
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What is the obligation of municipalities to maintain highways?
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For the Court of Appeal, the open court principle is a “hallmark of a democratic society and applies to all judicial proceedings”.
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To what extent can procedural errors – such as the two raised by the Appellants herein – “nullify” a consent judgment?
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In this case, Gomery J.A. determined there was no such “obvious or egregious error” and that the Court was without jurisdiction to stay the Provincial Court order.
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To address the jurisdictional quandary in this case, the moving parties seek an order under s. 110 of the Courts of Justice Act, R.S.O. 1990. C. C.43, transferring their appeal to Divisional Court and extending time to serve and file their notice of appeal in that forum.
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