When will leave to appeal be granted on issues that do not meet the general importance test?

Ontario, Canada


The following excerpt is from Dobbie v. Arctic Glacier Income Fund, 2012 ONSC 773 (CanLII):

With respect to this challenge, the plaintiffs submit that these issues do not meet the general importance test. The plaintiffs submit that I cannot conclude that it is desirable to grant [page612] leave to appeal in relation to these issues or that the appeal would involve matters of such importance that leave to appeal should be granted. I agree. I have reached a similar conclusion to that expressed by Corbett J. in Silver v. Imax Corp. (Div. Ct.), supra, at para. 56, where he observed that these challenges "are discrete pleadings issues that do not transcend the interest of the parties". They are not matters of "importance", and it is not "desirable" that leave to appeal be granted on these issues.

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