Article
Seeking Leave To Appeal A Decision Of The Divisional Court: An Updated Framework
A five-judge panel of the Ontario Court of Appeal has refined the framework for granting leave to appeal decisions of the Divisional Court, addressing decades of inconsistent interpretation and application. The updated test clarifies when an arguable question of law or mixed law and fact rises to sufficient public importance to warrant appellate consideration, resolving uncertainty about whether different standards apply based on the Divisional Court's jurisdiction.
Crawley MacKewn Brush LLP