Does the Court of Appeal have any authority or authority to grant a motion for non-suit?
Ontario, Canada
The following excerpt is from Rosati v Reggimenti, 2016 ONSC 397 (CanLII):
While I certainly respect those decisions, I do not feel they are binding on this court. I note both those decisions were rendered at the end of the applicant’s case. In truth, they essentially were motions for “non-suit.” In civil cases, unlike criminal cases, the defendant must make an election as to whether to call evidence. A motion for non-suit will generally not be entertained unless the defendant first elects to call no evidence: Ontario v. Ontario Public Service Employees Union (OPSEU), [1990] O.J. No. 635, 37 O.A.C. 218 at 226 (Div. Ct.).
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