Mark Gelowitz

Mark Gelowitz

Osler, Hoskin & Harcourt LLP

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R. v. Nichols Gravel Ltd.: Appellate Jurisdiction on a Second Appeal from Provincial Offences Act Conviction

Whether appeals from Ontario Court of Justice decisions under the Provincial Offences Act are to be brought to the Court of Appeal or Superior Court depends on the procedural facts of the case. Justice Pardu of the Ontario...more

7/23/2014 - Appeals Canada Jurisdiction Licensing Rules

R. v. Montague: Are Mandatory Forfeiture Orders Imposed After Conviction “Sentences”, Providing a Right of Appeal?

Criminal appeals are statutory and there must be a right of appeal for an appellate court to properly have jurisdiction over an appeal. The Ontario Court of Appeal’s June 3, 2014 decision in R. v. Montague considered whether...more

7/23/2014

D.G. v. A.F.: Best Interests of Children To Be Considered In Deciding Whether To Grant Extension Of Time To Appeal Refusal To Set...

D.G. v. A.F., released by Justice Lauwers of the Ontario Court of Appeal on May 28, 2014, considered the test to apply when a litigant in the Court of Appeal seeks an extension of time to appeal a motion judge’s refusal to...more

7/23/2014 - Appeals Canada Time Extensions

Bouzari v. Bahremani: Security for Costs Not Ordered Against Foreign-Resident Appellant-Defendant

Orders for security for costs on appeals seek to ensure that a respondent is not forced to successfully respond to an appeal, only to be unable to recover costs from the unsuccessful appellant. This concern is amplified when...more

7/23/2014 - Attorney's Fees Canada

Zurich Insurance Company v. Chubb Insurance Company of Canada: Ontario Court of Appeal Considers Standard of Review of Arbitration...

As arbitration becomes a more and more common form of dispute resolution, the intersection between arbitral decisions and the courts will need to be watched more and more closely. Frequently, such decisions are immune from...more

6/19/2014 - Appeals Arbitration Arbitrators Canada

Wadden v. BMO Nesbitt Burns: No in-depth analysis of the proposed grounds of appeal required in determining a motion for an...

On May 7, 2014, in Wadden v. BMO Nesbitt Burns, the Nova Scotia Court of Appeal granted a motion to extend the time for filing a Notice of Appeal under Civil Procedure Rule 90.37(12)(h). The Nova Scotia Supreme Court had...more

6/19/2014 - Appeals Canada Rules of Civil Procedure

R. v. Horton: Ontario Court of Appeal Comprehensively Considers Jurisdiction over Criminal Appeals

Criminal jurisdiction – trial and appellate – depends on several factors that vary with respect to particular cases. The result of this is that sometimes appeals of convictions that were imposed at the same trial can lead to...more

6/19/2014 - Appeals Canada Criminal Prosecution Jurisdiction

Barbieri v. Mastronardi: Ontario Court of Appeal Sets Aside Motion Judge’s Summary Judgment Decision for Failure to Give Adequate...

In order for an appellate court to review a decision, there must be adequate reasons to permit appellate review. Otherwise, the judgment may be set aside. The Ontario Court of Appeal’s May 21, 2014 decision in Barbieri v....more

6/19/2014 - Appeals Appellate Review Canada Summary Judgment

Putsai v. Putsai: When Appellate Decisions on Family Law Orders (Do Not) Preclude Future Motions to Vary

Motions to set aside or vary support orders are part of family law practice. But can such a motion be precluded by a Court of Appeal decision in the relevant family law dispute? The Ontario Court of Appeal’s May 23, 2014...more

6/19/2014 - Canada Set-Asides Support Orders

Stubicar v. Canada: Does the Registrar’s refusal to submit a reconsideration motion to the Supreme Court of Canada constitute an...

In a Supreme Court of Canada motion decision rendered on May 15, 2014 in Stubicar v. Canada, Rothstein J. dealt with an unusual issue of jurisdiction. Following dismissal of her application for leave to appeal to the...more

6/4/2014 - Canada Rules of Civil Procedure Trial Court Orders

Exeter v. Canada (Attorney General): An audio recording of a hearing is not a replacement for a transcript under Rule 344 of the...

On May 8, 2014, the Federal Court of Appeal rendered judgment in Exeter v. Canada (Attorney General) on an appeal from an order of the Federal Court upholding a Prothonotary’s interlocutory order. The appellant submitted as a...more

6/2/2014 - Audio Recording Canada Evidence Interlocutory Orders Rules of Civil Procedure Transcripts

Buccilli v. Pillitteri: Ontario Court of Appeal Clarifies Test for Intervention in Appeal

The Ontario Court of Appeal’s April 29, 2014 decision in Buccilli v. Pillitteri allowed a much-delayed intervention motion, placing heavy emphasis on prejudice as the factor to be considered when deciding whether to permit...more

5/29/2014 - Appeals Canada Motion To Intervene Settlement

R. v. Singh: Ontario Court of Appeal Provides Guidance on Precedential Value of Short Endorsements

The Ontario Court of Appeal’s April 17, 2014 decision in R. v. Singh provided guidance on the precedential value of short endorsements, noting that great caution must be taken before using such short endorsements to stand for...more

5/6/2014 - Appeals Canada

Punit v. Punit: Court of Appeal designated panel of Divisional Court to hear appeal under Partition Act

The Ontario Court of Appeal’s April 2, 2014 decision in Punit v. Punit illustrated two issues in appellate practice, one specific and one general. First, the Court addressed the specific issue of the proper court in which to...more

4/28/2014 - Canada Partition Act

Prince Edward County Field Naturalists v. Ostrander Point GP Inc: Staying a Judgment Pending Appeal in the Environmental Context

In his March 25, 2014 decision in Prince Edward County Field Naturalists v. Ostrander Point GP Inc., Justice Blair of the Ontario Court of Appeal considered two aspects of appellate litigation in the environmental context. In...more

4/28/2014 - Environmental Claims Environmental Policies Injunctions Interlocutory Injunctions

University Plumbing v. HTS Engineering and others: Limits to Deference Afforded to Masters’ Cost Dispositions and Orders Relating...

In University Plumbing v. HTS Engineering and others, the Ontario Divisional Court considered two appeals from orders of a Master a combined costs disposition. The Court overturned one of the order relating to discoveries and...more

4/28/2014 - Canada Discovery Legal Costs

R. v. Courtice Auto Wreckers Limited: Determining the Appellate Route from a Stay of Proceedings Under the Provincial Offences Act...

In its March 11, 2014 decision in R. v. Courtice Auto Wreckers Limited, the Ontario Court of Appeal considered a discrete but important issue in appellate practice: what appeal route should be undertaken by the Crown when it...more

3/28/2014 - Appeals Canada Environmental Protection Act

R. v. Cook: When a Post-Conviction Production Application does not require the Trotta Analysis

The Ontario Court of Appeal’s March 4, 2014 decision in R. v. Cook is an outstanding illustration of appellate criminal procedure regarding a production application where disclosure was sought to support a potential fresh...more

3/28/2014 - Canada Disclosure Document Productions Evidence

P.S. v. Ontario: Ontario Court of Appeal Clarifies When Intervention Should be Granted in Constitutional Cases

Constitutional cases usually have implications that go beyond the immediate dispute between the parties. Appeals in such cases thus frequently attract the interest of interveners. But when can an intervener truly add a new...more

3/28/2014 - Canada Healthcare Intervenors Mental Health

Canada (Attorney General) v. Pictou Landing First Nation: Factors to Consider on a Motion to Intervene under the Federal Courts...

On January 29, 2014, Stratas J.A. of the Federal Court of Appeal granted two motions to intervene in Canada (Attorney General) v. Pictou Landing First Nation. In deciding those motions, Stratas J.A. commented on the factors...more

3/27/2014 - Canada Motion To Intervene Tribal Lands

Sanchez v. Canada (Citizenship and Immigration): When to Stay an Appeal Pending a Decision by the Supreme Court of Canada

In the recent case of Sanchez v. Canada (Citizenship and Immigration), Stratas J.A. of the Federal Court of Appeal dismissed the appellant’s motion for a stay of the appeal pending a decision by the Supreme Court of Canada....more

3/27/2014 - Appeals Canada SCC

Pirani v. Esmail: Disagreement on Ontario Court of Appeal Regarding Deferring to Trial Judge’s Reliance on Expert Report in...

It is trite law that appellate courts are to give significant deference to trial judges’ assessments of damages, particularly when tied to questions of facts. But how much deference? The Ontario Court of Appeal’s February 12,...more

3/7/2014 - Canada Damages Expert Witness Valuation

Exchange Corp. v. Mississauga: Determining the Standard of Review in contractual interpretation cases

Contractual interpretation would seem to be a question of law, thus meaning that decisions interpreting contracts should be reviewed on a correctness standard. Sometimes, however, contractual interpretation becomes...more

2/27/2014 - Canada Contract Interpretation Standard of Review

Hryniak v. Mauldin: Standard of Review on Appeal of a Motion for Summary Judgment in Ontario

In 2010, Ontario amended the Rules of Civil Procedure to reform the summary judgment procedure under Rule 20. In Hryniak v. Mauldin, decided on January 23, 2014, the Supreme Court of Canada considered for the first time the...more

2/13/2014 - Appeals Canada SCC Standard of Review Summary Judgment

Heydary Hamilton PC v. Muhammad: Dismissing appeal for corporation’s failure to retain counsel

The Ontario Court of Appeal’s January 27, 2014 decision in Heydary Hamilton PC v. Muhammad, 2014 ONCA 84, considered the narrow but important issue of when a Court should dismiss an appeal due to a corporation’s failure to...more

2/13/2014 - Appeals Canada Dismissals Independent Counsel

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