Does leave to appeal need to be granted?

Ontario, Canada


The following excerpt is from Gallant v. Gallant, 2009 CanLII 67416 (ON SC):

Further, even if leave to appeal were granted, an appeal would be subject to the stricture as set out by Zuber J.A. in Sypher v. Sypher 2 R.F.L. (3rd) 413: …an appellate court should not interfere with an interim order unless it is demonstrated that the interim order is clearly wrong and exceeds the wide ambit of reasonable solutions that are available on a summary interim proceeding. I am further view that on this basis as well, I am not persuaded that leave to appeal should be granted: Selznick v. Seznick, 2003 CanLII 2350.

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