What is the test for denying leave to appeal?
Ontario, Canada
The following excerpt is from A.G.C. Mechanical Structural Security Inc., v. Rizzo, 2013 ONSC 1316 (CanLII):
The Master’s decision to deny leave is discretionary and therefore attracts significant deference from this court. As stated in Tanner v. Clark, [1999] O.J. No. 581, at para. 7, “[t]he appeal should only be granted if the master exercised his discretion based upon an erroneous principle or misapprehension of the facts.”
"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 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)
Can a motion for leave to appeal be denied? (Ontario, Canada)
If a judge granted leave to appeal against an interim order, would the appeal against the interim order be successful? (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)
What is the test for appeal judges to grant leave to allow a party to argue an entirely new issue on appeal? (Ontario, Canada)
What is the test for prejudice in a motion for leave to appeal? (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)
Is a judge who exercises his or her discretion on a motion for leave to appeal making a "conflicting decision" when the circumstances of the case are different than in other jurisprudence? (Ontario, Canada)
What is the effect of the Minister’s appeal against the interim decision of the Court of Appeal finding that a new Formulary which includes the products of all five drug companies does not need to be included in the Formulaary? (Ontario, Canada)
