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Simon's Megalomaniacal Legal Resources

(Ontario/Canada)

ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
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Civil and Administrative
Litigation Opinions
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TOPICS

Civil Litigation - Cross-Claims

. Canada (Citizenship and Immigration) et al. v. The Canadian Council for Refugees et al.

In Canada (Citizenship and Immigration) et al. v. The Canadian Council for Refugees et al. (Fed CA, 2021) the Federal Court of Appeal characterizes when a cross-appeal is appropriate:
[12] Canada’s submission is well founded. A cross-appeal lies when a party "“seeks a different disposition of the [judgment] appealed from”": Rule 341 of the Federal Courts Rules, S.O.R./98-106. "“Different disposition”" means a remedy that will have real-life, practical consequences for the party cross-appealing. A cross-appeal does not lie simply because a party is dissatisfied with the reasons for judgment: Ratiopharm Inc. v. Pfizer Canada Inc., 2007 FCA 261, 367 N.R. 103 at paras. 6 and 12.


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Last modified: 19-02-23
By: admin