LEGISLATIVE LIMITATIONS ON THE RIGHT TO APPEAL
CHAPTER THREE
3:1000 INTRODUCTION
3:2000 THE RIGHT TO APPEAL LIMITED TO “QUESTIONS OF LAW”
3:2100 Overview
3:2110 Underlying Rationale
3:2120 Variations of The “Question of Law” Appeal Provisions
3:2130 Questions of Law and Questions of Fact in Other Contexts
3:2200 “Questions of Law” in the Context of the Three Steps of Adjudicative Decision-Making
3:2210 Adjudicative Decision-Making
3:2220 Questions of Law: Adjudication Errors
3:2221 Due Process Errors
3:2222 Decision-Making Errors
3:2230 Law-Declaration Errors
3:2231 The Law-Declaration Step in Adjudicative Decision-Making
3:2232 Classification of Errors of Law Generally
3:2233 Interpretation of Legislation
3:2234 Construction of Agreements and other Private Legal Documents
3:2240 Questions of Law Arising From Fact-Identification
3:2241 Errors in the Fact-Finding Process
3:2242 “No evidence” as an Error of Law
3:2243 “Patently Unreasonable” and “Unreasonable”Findings of Fact as Errors of Law
3:2250 Law Application: Questions of Mixed Fact and Law
3:2251 Overview
3:2252 Source of Confusion: Classifying Mixed Questions as Either Ones of Fact or Law
3:2253 Absence of an Adequate Analytical Approach
3:2254 Questions of Mixed Fact and Law Presumptively Appealable
3:3000 LIMITING APPEALS OF INTERLOCUTORY ORDERS
3:3100 Overview
3:3110 No Appeal of Rulings Made During a Hearing or Trial
3:3120 Legislation Incorporating the “Final” and “Interlocutory” Distinction
3:3121 Generally
3:3122 Purposes of Limiting Interlocutory Appeals
3:3130 Legislative Provisions Dealing With the Appeal of Interlocutory Orders
3:3131 Unqualified Rights of Appeal
3:3132 Provisions Not Permitting an Appeal of An Interlocutory Order
3:3133 Shorter Time-Limits for Commencement of an Interlocutory Appeal
3:3134 Leave to Appeal
3:3200 Distinguishing Between “Final” and “Interlocutory” Orders
3:3210 The “Order”Test: Does the Order Dispose of the Rights of the Parties?
3:3220 The “Application” Test: Could the Order Dispose of the Rights of the Parties?
3:3230 Substantial Rather than Formal Disposition
3:3240 Final Determination of An Issue or the Whole Dispute
3:3241 Generally
3:3242 Orders Providing Alternative Relief
3:3243 “Dual Orders” in British Columbia
3:3300 Final Orders and Judgments
3:3310 Final Orders Relating to Writs and Pleadings
3:3320 Final Orders Relating to Judgments
3:3330 Final Orders Dealing with Parties
3:3340 Final Orders Relating to Non-Parties
3:3341 Generally
3:3342 Orders Between Solicitors and Clients
3:3350 Final Orders in Matrimonial and Custody Proceedings
3:3360 Final Orders in Connection with the Realization of Security
3:3370 Final Orders as to Jurisdiction
3:3371 Stays of Proceedings
3:3372 Res Judicata, Issue Estoppel and Stare Decisis
3:3380 Final Orders in Connection with Contempt
3:3400 Interlocutory Judgments and Orders
3:3410 Interlocutory Orders Dealing with Interim Relief
3:3411 Interlocutory Injunctions
3:3412 Stays of Proceedings
3:3413 Interim Receivers
3:3414 Security for Costs and Other Orders for Interim Security
3:3415 Notices of Pending Litigation
3:3416 Interim Custody and Maintenance Orders
3:3420 Interlocutory Orders as to Judgments
3:3430 Interlocutory Orders Dealing with Pleadings
3:3440 Interlocutory Orders Dealing with Parties
3:3450 Procedural Orders
3:3451 Interlocutory “Jurisdictional” Orders
3:3452 Directing Bifurcation of the Trial
3:3453 Extension of Time-Limits
3:3454 Removal of Solicitors from the Record
3:3455 Approvals under Corporate and Securities Legislation
3:3456 Discovery
3:3500 Costs Orders
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