Can Bougrine appeal a motion judge’s decision that found there is not jurisdiction to hear an appeal?
Ontario, Canada
The following excerpt is from Krause v. Bougrine, 2022 ONCA 161 (CanLII):
Bougrine appealed the motion judge’s decision to the Superior Court of Justice. Relying heavily on a decision of this court, Cheng v. Liu, 2017 ONCA 104, the appeal judge allowed the appeal and quashed the motion judge’s decision for “want of jurisdiction”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
Can a motion judge be found to have found that convicted offenders who have not served their sentences have standing to oppose the motion? (Ontario, Canada)
How has the court considered a motion for leave to appeal a decision of the case conference judge staying a motion to change until outstanding costs have been paid? (Ontario, Canada)
Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
What is the relevant test on a motion to appeal against a decision by the Court of Appeal against a condominium corporation? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
Does the Court of Appeal have any authority or deference to a motion judge's decision to vary a custody order? (Ontario, Canada)
Is a judge who exercises his or her discretion on a motion for leave to appeal making a "conflicting decision" when the circumstances of the case are different than in other jurisprudence? (Ontario, Canada)
What is the standard of review for a motion to appeal against a finding by a judge at the Court of Appeal? (Ontario, Canada)
