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The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. [2] Among the Court of Appeal's most notable decisions was the 2003 ruling in Halpern v Canada (AG) that found defining ...
Under the law at the time, she could appeal directly from the Ontario Appellate Division to the Judicial Committee, bypassing the Supreme Court of Canada. [4] She could not afford a lawyer, and argued the case herself, in her late sixties. [1] The panel hearing the appeal was composed of Lord Atkin, Lord Tomlin and Lord Thankerton. [5]
A select number of decisions from the courts of appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the decisions were never appealed or were denied leave to the Supreme Court of Canada. The notable ...
The source of this power can be found in s. 28 of the Federal Courts Act, which provides that the Federal Court of Appeal is the appropriate venue for judicial review of decisions by federal boards and tribunals. In the federal courts, there is a specific 30 day time limitation with which to make an application for judicial review, which can be ...
Tilden Rent-A-Car Co. v. Clendenning (1978), 83 DLR (3d) 400 is a leading Canadian contract law decision from the Court of Appeal for Ontario on standard form contracts.The Court held that a party can only be bound to a signed standard form contract when it is reasonable to believe that they consented to the terms.
Halpern v Canada (AG), [2003] O.J. No. 2268 is a June 10, 2003 decision of the Court of Appeal for Ontario in which the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the Canadian Charter of Rights and Freedoms.
From 1867 to 1949, the Judicial Committee of the Privy Council was the highest court of appeal for Canada (and, separately, for Newfoundland, which did not join Canada as a province until 1949). During this period, its decisions on Canadian appeals were binding precedent on all Canadian courts, including the Supreme Court of Canada .
The court found that the provisions of the act infringed upon the section 2(b) rights of both candidates and electors. However, on appeal, the Court of Appeal for Ontario stayed the decision of the lower court, and a year later, it ruled that the provisions were constitutional. Subsequently, the City of Toronto appealed to the Supreme Court of ...