Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Court of Appeal for Ontario quashed the appeal for repeated non-compliance with support and parenting orders, awarding $20,000 full-indemnity costs.
The Divisional Court, under s.19(1.2)(d) of the Courts of Justice Act, has jurisdiction to hear an appeal dismissing a claim for more than $50,000 where the trial judge's reasons indicate an award if successful would not exceed $50,000; the Court of Appeal should not constitute itself as a Divisional Court panel absent compelling reasons, and on these facts the appeal must be quashed and directed to the Divisional Court.
Source excerpt
The appeal concerns a provincial tax credit (the Saskatchewan graduate tuition tax credit) applied against Saskatchewan tax; under s.12 of the Tax Court of Canada Act and binding jurisprudence the Tax Court lacks jurisdiction to decide provincial income tax assessments or credits that provincial statutes reserve to the provincial superior court, therefore the Tax Court must quash the appeal for lack of jurisdiction.
Source excerpt
The Court of Appeal quashed an appeal as wholly without merit and an abuse of process after the appellant made no submissions and did not appear.
In chambers, the Court of Appeal dismissed a motion to quash and ordered security for the appeal and for a penalty judgment, but not for unassessed trial costs.
On the balance of probabilities the Court found the Notice of Confirmation was mailed on October 29, 2009 based on documentary records, the appellant’s subsequent conduct and an adverse inference from his failure to file an affidavit; the 90-day appeal period expired January 27, 2010 and the Notice of Appeal filed in 2016 was out of time, so the appeal is quashed.
Source excerpt
Because the order appealed from was a consent judgment and s.133(a) requires leave, and because Rule 61.03.1 prescribes a written motion for leave which the appellants did not follow, the appeal was properly quashed without prejudice to bringing a proper motion for leave; time for that motion was extended and costs awarded.
Source excerpt
Because Ms. Samuel did not comply with the condition imposed by Benotto J.A. to pay outstanding rent within 14 days and did not seek a panel review or variation, the conditional stay lapsed, there was no stay in effect, she was out of time to appeal, the appeal became moot, and the Court quashed the appeal and awarded costs of $15,000 inclusive.
Source excerpt
The Court of Appeal quashed the appeal as against the Director, Family Maintenance Enforcement, holding there was no merit in seeking child support orders against a non-spouse under the Divorce Act.
The appeal was quashed for all reporting periods except July 1, 2009 to August 2, 2009 because only that period had a timely notice of objection to the most recent reassessment; other periods were time-barred, subject to a written waiver, or had no assessment, and no timely application for extension to the Minister was made, so no extension was granted.
Source excerpt
Explore more
