Part I: Jurisdiction of Appellate Courts in Canada

CHAPTER TWO-APPELLATE JURISDICTION

  • 2:1000 INTRODUCTION
  • 2:1100 Appellate Jurisdiction Under the Constitution Act, 1867
  • 2:1110 The Constitutional Basis for Appellate Courts
  • 2:1120 No Constitutional Guarantee of a Right of Appeal
  • 2:1130 Civil and Criminal Appellate Jurisdiction
  • 2:1131 No Appeal From an Interlocutory Order in a Criminal Matter
  • 2:1200 The Statutory Nature of Appellate Jurisdiction
  • 2:1210 General Rule: No Inherent Jurisdiction
  • 2:1220 Exception: Control Over Process
  • 2:1230 Parens Patriae Jurisdiction
  • 2:1240 No Jurisdiction Based on Consent
  • 2:1241 Generally
  • 2:1242 Waiver
  • 2:1243 Consent Judgments
  • 2:1250 Persona Designata
  • 2:1300 Appellate Jurisdiction Generally
  • 2:1310 Overview
  • 2:1320 The Requirement of a Pre-existing Decision or Act
  • 2:1321 No Appeal From Reasons
  • 2:1322 No Appeal From an Opinion
  • 2:1330 The Traditional Appeal: Appellate Review Based on the Record
  • 2:1340 Appeals By Trial De Novo
  • 2:1341 The Nature of An Appeal “By Trial de Novo”
  • 2:1342 The Requirement of Clear Language to Mandate a “De Novo” Appeal
  • 2:1343 Discretion as to Whether to Proceed by Appeal De Novo
  • 2:1344 “De Novo”Appeals Caused By An Absence Of Reasons
  • 2:1345 Usual Standard of Review is Non-deferential
  • 2:1346 Exception: Expertise in the Initial Decision-Maker
  • 2:1350 Stating a Case to An Appellate Court
  • 2:1351 Generally
  • 2:1352 Jurisdiction
  • 2:1353 Justiciability
  • 2:1354 Declining To Decide The Stated Case
  • 2:1360 References To An Appellate Court
  • 2:1361 Legislative Basis For Advisory Opinions
  • 2:1362 Discretion To Refuse To Answer
  • 2:1363 Procedure on a Reference
  • 2:1364 Contents of the Record
  • 2:2000 APPELLATE JURISDICTION OF THE SUPREME COURT Of CANADA
  • 2:2100 Overview
  • 2:2200 Section 40(1) of the Supreme Court Act.
  • 2:2210 The Requirement of “A Judgment”
  • 2:2220 “ Highest Court of Final Resort”
  • 2:2230 Requirement of a Judicial Proceeding
  • 2:2300 Appeals under other Acts
  • 2:2400 Jurisdiction of a Single Judge and Registrar
  • 2:3000 FEDERAL COURTS APPELLATE JURISDICTION
  • 2:3100 Overview
  • 2:3110 The Federal Court
  • 2:3120 The Federal Court of Appeal
  • 2:3200 Appellate Jurisdiction of the Federal Court
  • 2:3210 Citizenship Appeals
  • 2:3220 Appeals Pursuant to Other Legislation
  • 2:3230 Decisions of Prothonotaries, Assessment Officers and Referees
  • 2:3300 The Appellate Jurisdiction of the Federal Court of Appeal
  • 2:3310 Interlocutory Judgments
  • 2:3311 Significance
  • 2:3312 The Need for a Judgment
  • 2:3320 Appeals from Judicial Review Decisions in Immigration Matters
  • 2:3321 Limitation on Appeals Generally
  • 2:3322 Requirement of a Certified Question
  • 2:3323 Jurisdictional Effect of Questions Certified
  • 2:4000 JURISDICTION OF THE PROVINCIAL APPELLATE COURTS
  • 2:4100 Jurisdiction of the Appellate Courts in British Columbia and the Yukon
  • 2:4110 Appellate Jurisdiction of the Supreme Court of British Columbia and the Yukon
  • 2:4111 Appeals from Masters, Prothonotaries, and Other Court Officers
  • 2:4112 Small Claims Appeals
  • 2:4120 Appellate Jurisdiction of the British Columbia Court of Appeal
  • 2:4121 Generally
  • 2:4122 “An Order of the Supreme Court”
  • 2:4123 Jurisdiction of a Single Justice
  • 2:4130 Appellate Jurisdiction of the Yukon Court of Appeal
  • 2:4200 Alberta, the Northwest Territories and Nunavut
  • 2:4210 Appellate Jurisdiction of the Courts of General Jurisdiction Generally
  • 2:4220 Appeals from the Alberta Provincial Court and the Territorial Courts
  • 2:4221 Small Claims Appeals
  • 2:4222 Family Matters
  • 2:4223 Appeals from Masters, Referees, and Other Court Officers
  • 2:4230 Appellate Jurisdiction of the Courts of Appeal
  • 2:4231 Generally
  • 2:4232 Jurisdiction of a Single Court of Appeal Judge
  • 2:4300 Saskatchewan
  • 2:4310 Appellate Jurisdiction of the Court of Queen’s Bench
  • 2:4311 Small Claims Appeals
  • 2:4312 Appeals from Taxing Officers
  • 2:4313 Administrative Appeals
  • 2:4320 Saskatchewan Court of Appeal
  • 2:4321 Overview
  • 2:4322 Single Justice of the Court of Appeal
  • 2:4400 Manitoba
  • 2:4410 Appellate Jurisdiction of the Court of Queen’s Bench
  • 2:4411 Appeals from Masters and Other Court Officers
  • 2:4412 Small Claims Appeals
  • 2:4413 Administrative Appeals
  • 2:4420 Appellate Jurisdiction of the Court of Appeal
  • 2:4421 Generally
  • 2:4422 Jurisdiction of a Single Justice
  • 2:4500 Ontario
  • 2:4510 Overview of Appellate Jurisdiction
  • 2:4511 Three Levels of Appellate Courts Pursuant to The Courts of Justice Act
  • 2:4512 Appellate Jurisdiction Provided by Other Statutes
  • 2:4513 Federal Legislation Providing for Appeals
  • 2:4514 “Reconstituting” to Acquire Jurisdiction
  • 2:4515 Transfer of Proceedings to the Appellate Court Having Jurisdiction
  • 2:4516 Combining Appeals that are Within the Jurisdiction of Two Appellate Courts
  • 2:4520 Appeals to the Superior Court of Justice
  • 2:4521 Courts of Justice Act Appeal Provisions
  • 2:4522 Provisions in Other Statutes
  • 2:4530 Appeals to the Divisional Court
  • 2:4531 Overview
  • 2:4532 Appeals From Interlocutory Orders of a Judge of The Superior Court of Justice
  • 2:4533 Final Order of a Judge of the Superior Court of Justice for a Single Monetary Payment
  • 2:4534 Family Law Appeals
  • 2:4535 Small Claims Court Appeals
  • 2:4536 Jurisdiction of a Single Judge of the Divisional Court
  • 2:4537 Appeal from Decision of a Single Divisional Court Judge
  • 2:4540 The Court of Appeal for Ontario
  • 2:4541 Appeals From the Divisional Court
  • 2:4542 Final Orders of a Judge of the Superior Court of Justice
  • 2:4543 Jurisdiction of a Single Justice of the Court of Appeal
  • 2:4600 Quebec
  • 2:4610 Quebec Court of Appeal
  • 2:4700 New Brunswick
  • 2:4710 Appeals to the Court of Queen’s Bench
  • 2:4711 Small Claims Court Appeals
  • 2:4712 Costs Appeals
  • 2:4720 Jurisdiction of the New Brunswick Court of Appeal
  • 2:4721 Generally
  • 2:4722 Jurisdiction of a Single Justice
  • 2:4800 Nova Scotia and Prince Edward Island
  • 2:4810 Appellate Jurisdiction of the Supreme Court of Nova Scotia
  • 2:4820 Jurisdiction of the Nova Scotia Court of Appeal
  • 2:4821 Generally
  • 2:4822 Jurisdiction of a Single Justice of the Nova Scotia Court of Appeal
  • 2:4830 Appellate Jurisdiction of the Trial Division of the Supreme Court of Prince Edward Island
  • 2:4840 Appellate Jurisdiction of the Appeal Division of the Prince Edward Island Supreme Court
  • 2:4841 Generally
  • 2:4842 Jurisdiction of a Single Judge
  • 2:4900 Newfoundland
  • 2:4910 Appellate Jurisdiction of the Trial Division
  • 2:4920 Appellate Jurisdiction of the Newfoundland and Labrador Court of Appeal
  • 2:4921 Generally
  • 2:4922 Jurisdiction of a Single Judge






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