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Appeals - Leave to Appeal to the Court of Appeal [CJA 6(1)(a)]

Iness v. Canada Mortgage and Housing Corp.

In Iness v. Canada Mortgage and Housing Corp. (Ont CA, 2002) the Court of Appeal considers criteria for a leave to appeal motion:
[4] Iness is seeking leave to appeal to this court. Under s. 6(1)(a) of the Courts of Justice Act, R.S.O. 1990, c. C.43, appeals from a decision of the Divisional Court will only be granted with leave on a question that is not a question of fact alone. The possibility that there may be an error in the judgment or order sought to be appealed will not generally be a ground in itself for granting leave. Matters considered in granting leave include: (a) whether the Divisional Court exercised appellate jurisdiction (in which case the applicant for leave is seeking a second appeal) or whether the Divisional Court was sitting as a court of original jurisdiction; (b) whether the appeal involves the interpretation of a statute or regulation including its constitutionality; (c) the interpretation, clarification or propounding of some general rule or principle of law; and (d) whether the interpretation of the law or agreement in issue is of significance only to the parties or whether a question of general interest to the public or a broad segment of the public would be settled for the future: Re United Glass and Ceramic Workers of North America (AFL-CIO-CLC), [1979] 2 O.R. 763 (C.A.); Sault Dock Co. v. Sault Ste. Marie (City), 1972 CanLII 572 (ON CA), [1973] 2 O.R. 479, 34 D.L.R. (3d) 327 (C.A.).


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