Canada Case Law

Baffinland Iron Mines LP v. Tower-EBC G.P./S.E.N.C.

Court

Court of Appeal for Ontario

The arbitration agreement, read in context and with ordinary meaning, precluded appeals because the terms 'finally settled' and 'final and binding' convey the same intent to exclude further recourse and because ICC Rule 35(6) was properly incorporated; therefore s.45(1) leave was unavailable and the application judge correctly declined jurisdiction to grant leave; the appeal is dismissed though the Court of Appeal recognized that a refusal to grant leave premised on a declination of jurisdiction can be appealed.

Source excerpt

• Appeal on question of law
• Leave to appeal under s.45 arbitration act
• Arbitration agreement interpretation
• Incorporation of institutional rules (icc)
• Standard of review
• Jurisdictional declination

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R. v. Martin

Court

Newfoundland and Labrador Court of Appeal

The Court of Appeal lacks jurisdiction to hear an appeal from the applications judge's dismissal of the request to release seized funds under s.462.34(4)(c)(ii) because the Criminal Code does not provide an express right of appeal for such interlocutory orders to intermediate appellate courts (ss.462.44 and 462.45 do not confer that right for this disposition); Laroche confirms direct leave to the Supreme Court is available but does not create intermediate appellate jurisdiction. Accordingly the notice of appeal was struck for want of jurisdiction.

Source excerpt

• Search and seizure
• Seized funds
• Release for legal expenses
• Interlocutory appeal jurisdiction
• Legal aid denial

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International Brotherhood of Electrical Workers, Local 213 v. Hochstein

Court

British Columbia Court of Appeal

The Court of Appeal held that leave to appeal was not required because the chambers order finally determined the rights sought on the confidentiality issue.

• Interlocutory versus final order
• Implied undertaking of confidentiality
• Use of discovery documents entered as exhibits
• Requirement for leave to appeal
• Judicial discretion to preserve undertakings
• Appeals-law

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R. v. S.A.M.

Court

British Columbia Court of Appeal

The Court of Appeal affirmed a DNA databank order against a 17-year-old young offender, finding the record supported the order despite the trial judge’s lack of reasons.

• Dna databank orders
• Judicial reasons
• Remedies on appeal
• Sentencing
• Young offenders act
• Dna-databank-orders

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