What is the impact of the Rules of Civil Procedure in the appellate courts on the application of the Rule of Appeal?
Ontario, Canada
The following excerpt is from R. v. Mohamad, 2018 ONCA 966 (CanLII):
A final point concerns appellate review of decisions concerning the application of the rule in Browne v. Dunn. Appellate courts accord substantial deference to assessments made by trial judges on the application of the rule, especially with respect to the impact of any breach and the choice of remedy. After all, the rule is one of fairness, hence the preferred position of the trial judge to gauge the impact of any breach and the ameliorative response best suited to the case.
"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
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
What steps have been taken in a civil action under Rule 1(8) of the Rules of Civil Procedure? (Ontario, Canada)
In what circumstances has the Court considered an offer to settle a claim for damages under Rule 49 of the Rules of Civil Procedure? (Ontario, Canada)
In what circumstances will the court award costs under Rule 24(1) of the Rules of Civil Procedure in a family law case? (Ontario, Canada)
Is Rule 24(1) of the Rules of Civil Procedure applicable in determining costs of a claim against a party who is successful in a claim? (Ontario, Canada)
How has the Court determined the scope of discovery under Rule 30.03 of the Rules of Civil Procedure? (Ontario, Canada)
Is Rule 2.02 of the Rules of Civil Procedure applicable to Respondent Respondents to Respondents Respondents? (Ontario, Canada)
Does the applicant need to refer to section 834 of the Rules of Civil Procedure and Procedure in the context of Section 834(1) of the Criminal Code? (Ontario, Canada)
How has Rule 6 of the Rules of Civil Procedure been interpreted? (Ontario, Canada)
Is Rule 2 (2) of the Rules of Civil Procedure sufficient to add a fourth fundamental purpose for costs? (Ontario, Canada)
