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Appeals - Leave to Appeal - To Panel

. Casa Loma Residents Association v. 555 Davenport Holdings Ltd.

In Casa Loma Residents Association v. 555 Davenport Holdings Ltd. (Div Court, 2024) the Divisional Court held a case conference where the appellant/applicant filed for both an appeal (actually it was a motion for leave to appeal) [under s.24(1) of the Ontario Land Tribunal Act, 2021] and a JR (under the relatively new doctrine of Yatar), here of an OLT decision.

Here the judge notes the R50.13(6) ['Case Conferences - Powers'] authority of the CC judge, and authority of a judge hearing a motion for leave to appeal to adjourn the matter to a panel of the court:
[19] The judge who hears the motion for leave to appeal can adjourn it to a panel under s. 21 (4) of the Courts of Justice Act, RSO 1990, c C.43. Under Rule 50.13 (6) a judge at a case conference can make that order in appropriate circumstances.

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Last modified: 25-04-24
By: admin