Can the slip rule be applied to a motion where the slip is so bad that the slip can be appealed?
British Columbia, Canada
The following excerpt is from Napper v. Napper, 2001 BCSC 794 (CanLII):
In Rickert v. Rickert, [2001] B.C.J. No 67 (Q.L.) (B.C.S.C.), Boyle J. considered the application of the slip rule. He posed the question: "can a remedy be given effect to under the slip rule (41(24)) or must it go to appeal?"
"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 is the test for an application for a stay of execution of a motion for a motion to quash a motion of appeal? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
Can an appeal be dismissed as abandoned on the grounds that the order appealed from was interlocutory and leave to appeal had not been obtained? (British Columbia, Canada)
Does Rule 2.1 of the Rules of Appeal apply to an order made by the Court of Appeal? (British Columbia, Canada)
What is the effect of Rule 37 of the Rules of Appeal Rule 37 on a motion of appeal? (British Columbia, Canada)
Can a judicial stay apply to appeal from the Court of Appeal? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
What is the standard of review applied by the Court of Appeal in determining the apportionment of fault between a plaintiff and plaintiff? (British Columbia, Canada)
What is the test for a motion to dismiss a motion for personal injury? (British Columbia, Canada)
What is the test for a party to appeal against a decision by the Court of Appeal? (British Columbia, Canada)
