How will the Court consider the Estoppel issues raised by Joelle on appeal?
Ontario, Canada
The following excerpt is from Spadacini-Kelava v. Kelava, 2020 ONSC 7907 (CanLII):
In considering whether to allow a party to argue a new issue on appeal, the court must be persuaded that: 1. The court has before it all facts necessary to address the point, as fully as if it were raised at trial; 2. Or that the new issue is one of pure law; 3. In exercising the court’s discretion, it would be in the interests of justice as it applies to all parties to allow the new argument to be made on appeal. (Kaiman v. Graham, at para. 18) Application of the Principles Cited Above to the Facts of this Case It is Appropriate to Consider the Estoppel Issues Raised by Joelle on 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
How have the courts considered the issue of irreparable harm in an appeal? (Ontario, Canada)
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)
Can issue estoppel prevent parties from re-litigating issues previously decided in another court proceeding? (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)
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
What is the effect of the Court of Appeal finding on the "live issue" in the context of the issue? (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)
In what circumstances will the Court consider mental health issues and behaviour consistent with parental alienation? (Ontario, Canada)
In what circumstances will the Court of Appeal in the Superior Court of Justice order that a father be denied custody of his infant son? (Ontario, Canada)
