University of Guelph Central Student Association v. Canadian Federation of Students
Because the application judge failed to provide any reasons, appellate review was impossible; the Court of Appeal allowed the appeal and remitted the matter to a different judge of the Superior Court, leaving costs to be determined by the application judge.
Source-derived case information.
- Citation
- 2011 ONCA 474
- Parties
- Applicant (respondent in Appeal): University of Guelph Central Student Association; Respondent (appellant): Canadian Federation of Students; Respondent (appellant): Canadian Federation of Students – Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 June 2011
- Procedural Posture
- Civil / Appeal From Superior Court of Justice; Remitted to a Different Judge
- Outcome
- Appeal allowed; matter remitted to a different judge of the Superior Court of Justice; costs reserved to the application judge.
- Legal Topics
- Reasons for Judgment, Remittal, Costs Reservation
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
University of Guelph Central Student Association
Applicant (respondent in Appeal)
Canadian Federation of Students
Respondent (appellant)
Canadian Federation of Students – Ontario
Respondent (appellant)
Procedural Posture
Civil / Appeal From Superior Court of Justice; Remitted to a Different Judge
Legal Issues
- 1 Whether the application judge's failure to provide reasons precluded effective appellate review
- 2 Whether the appropriate remedy is to allow the appeal and remit the matter to a different judge
- 3 Who should determine costs when reasons are lacking
Ratio Decidendi
Because the application judge failed to provide any reasons, appellate review was impossible; the Court of Appeal allowed the appeal and remitted the matter to a different judge of the Superior Court, leaving costs to be determined by the application judge.
Court Disposition
Appeal allowed; matter remitted to a different judge of the Superior Court of Justice; costs reserved to the application judge.
Orders
- Appeal allowed
- Matter remitted to a different judge of the Superior Court of Justice
Full Case Text
Judgment text and source record
1 paragraphs
University of Guelph Central Student Association v. Canadian Federation of Students Collection Decisions of the Court of Appeal Date 2011-06-22 Neutral citation 2011 ONCA 474 Docket numbers C52017, C52021 Judges Winkler, Warren Keith; Simmons, Janet M.; Juriansz, Russell G. Subject Civil Decision Content CITATION: University of Guelph Central Student Association v. Canadian Federation of Students, 2011 ONCA 474 DATE: 20110622 DOCKET: C52017, C52021 COURT OF APPEAL FOR ONTARIO Winkler C.J.O., Simmons and Juriansz JJ.A. BETWEEN: University of Guelph Central Student Association Applicant (Respondent in Appeal) and Canadian Federation of Students and Canadian Federation of Students – Ontario Respondents (Appellants) Gordon Douglas and Todd J. Burke, for the Appellant Canadian Federation of Students Jonathan M. Davis-Sydor, for the Appellant Canadian Federation of Students – Ontario Sandra Barton and Ryan Teschner, for the Respondent University of Guelph Central Student Association Heard: May 31, 2011 On appeal from the judgment of The Honourable Mr. Justice T.P. O’Connor dated March 24, 2010. APPEAL BOOK ENDORSEMENT [1] Unfortunately, the application judge failed to provide any reasons for his decision. In the circumstances appellate review is impossible. [2] The appeal is allowed and the matter remitted to a different judge of the Superior Court. [3] Costs of the appeal and the application below are reserved to the application judge.