When will the Court of Appeal intervene to salvage a judgement for which there is insufficient trial reasons?

Ontario, Canada


The following excerpt is from Muise v. Mark Wilson’s Better Used Cars Limited, 2021 ONSC 151 (CanLII):

Lauwers J.A. in the recent Court of Appeal decision in Bruno v. Dacosta, 2020 ONCA 602 at paras 13 – 25 thoroughly reviewed the governing principles on the sufficiency of trial reasons and the circumstances as to when appellate courts will intervene and salvage a judgement for which there are insufficient trial reasons.

Other Questions


Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
In what circumstances have the reasons of the Court of Appeal upheld the proposition that the demand must be made immediately upon forming a reasonable suspicion of alcohol in the body? (Ontario, Canada)
As an intervener in an appeal, can intervener expand the evidentiary record on appeal? (Ontario, Canada)
What are the reasons of the Court of Appeal for allowing a child with reasonable educational needs to attend school? (Ontario, Canada)
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
What are the main reasons the Divisional Court of Justice has found that the Applicant and Respondent did not have a reasonable chance of success in their appeal? (Ontario, Canada)
How has the Court of Appeal in B.C considered trial counsel’s performance on the basis that the performance of the trial counsel did not undermine confidence in the verdict? (Ontario, Canada)
What is the test for appeal against a judgment by the Court of Appeal in the Superior Court of Justice granting custody to a mother and her two-year-old daughter? (Ontario, Canada)
Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.