What are the principles used by the Court of Appeal in making an order to refer the issue to the Superior Court of Justice?
British Columbia, Canada
The following excerpt is from De Cotiis and Others v. De Cotiis et al, 2004 BCSC 1659 (CanLII):
The relevant principles were aptly summarized by Mr. Justice Burnyeat in AR Sixteen Holdings v. Down, supra, where he said at ¶10, and I quote: It is clear that the court has a wide discretion to make such an order especially in cases where the determination of the issue to be referred will provide a final determination of the litigation.
"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
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
What is the legal test for appeal against an Order requiring the Court to consider the merits of an appeal? (British Columbia, Canada)
Does the Court of Appeal have jurisdiction to make a declaration or declaratory order? (British Columbia, Canada)
What is the effect of having to have a division of the Court of Appeal hear an appeal of a restoration order? (British Columbia, Canada)
What is the second of the four grounds used by the Court of Appeal to order an order to be quashed? (British Columbia, Canada)
