Article
Beyond Sault Dock: Court Of Appeal For Ontario Reframes Test For Leave To Appeal In Knauff v. Ontario (Human Rights Tribunal)
The Court of Appeal for Ontario has introduced a new framework for granting leave to appeal from Divisional Court decisions, marking the first significant update to this test in over half a century. The decision in Knauff v. Ontario (Human Rights Tribunal) establishes that leave will be granted when a proposed appeal raises an arguable question of law or mixed law and fact of sufficient public importance, moving away from a rigid categorical approach toward a more flexible analysis.
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