What is the legal test used to determine whether a notice of appeal is valid or invalid?
British Columbia, Canada
The following excerpt is from Wright v. Sun Life Assurance Company of Canada, 2015 BCCA 312 (CanLII):
As indicated above, the order most often granted in this type of situation is one that declares the impugned notice a nullity. For example, the formal order entered to give effect to Saunders J.A.’s decision in Bronson v. Hewitt ordered that the notices of cross-appeal “be and are hereby declared a nullity and are of no force and effect”, and awarded costs on the cross-appeals to the appellants.
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