What are the circumstances in which a party abandons an appeal?
British Columbia, Canada
The following excerpt is from Sherwood v. Cinnabar Brown Holdings Ltd., 2021 BCCA 88 (CanLII):
In Philipos, Justice Stratas described such circumstances in general terms as “events that strike at the root of the decision to abandon the appeal.” Such events include, for example: • Situations in which a party discontinues the wrong action or appeal; • The lawyer misapprehended the client’s instructions; • The abandonment was procured by fraud; • The party abandoning did not have mental capacity to take the step; and • The abandonment was filed as part of a settlement that required that step, but, subsequently, the other party repudiated the settlement. Philipos at paras. 20–21; Neis v. Yancey, 1999 ABCA 272 at para. 27.
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