The MacDonald & Partners Team, Working for You
ARTICLES
Gary Stuart Joseph, Partner and Firm
Chair
Reasons for Decision of J. Greer
Child Support / CPP Benefits
EXPLANATORY NOTE
Domestic Violence in Family Law Cases
Leave to appeal opinion
Tax Treatment of Payments of To and From Non Resident Spouses
von Czieslik v Ayuso
Challenging Arbitration Awards
and/or Removing the Arbitrator under the Arbitration Act, 1991
Leave to appeal opinion
There is an automatic right of appeal from any final order of a Justice of the Superior Curt of Justice. However, an appeal of an interlocutory order of a Justice of the Superior Court requires leave to be granted before the appeal can proceed.
The appeal is commenced by the service of a Notice of Appeal. The appeal route is to the Divisional Court, with leave. Leave is obtained by a Notice of Motion, which must be served within seven days after the date of the order. Leave to appeal will not be granted unless there are conflicting decisions by another Judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the Judge hearing the motion, desirable that leave to appeal be granted. Leave will be also be granted if there appears to the Judge hearing the motion, good reason to doubt the correctness of the order in question and the proposed appeal involves matters of such importance that, in his or her opinion, leave to appeal should be granted. A careful reading of the above, will confirm that the standard is high and it is very difficult to obtain leave to appeal a temporary or interlocutory order. Also, there is no appeal from an order refusing leave. Put another way, if your motion for leave to appeal is refused, that decision is final.