What is the test under rule 62.02(4)(b)?

Ontario, Canada


The following excerpt is from Morden v. Morden Construction Inc., 2010 ONSC 4244 (CanLII):

In Smith v. Smith [2010] O.J. No. 1439 Harris, J. at para. 11 set out the following guiding principal with respect to the second part of the conjunctive test of rule 62.02(4)(b): The second aspect of 62.02(4)(b) requires that the question raised in the appeal involves matters of such importance that leave should be granted. To be of importance, the matter must transcend the immediate interest of the parties and involve matters of public importance in matters relevant to the development of the law and the administration of justice. Where the issues are fact driven, they do not generally raise issues of general public interest. [citations omitted]

Other Questions


What is the criteria for certification of a class A class B class B claim? (Ontario, Canada)
On a Rule 21.01(1)(b)(b) motion, can the allegations set out in the Statement of Claim be taken as true? (Ontario, Canada)
Can a significant temporal break between two incidents be considered to be separate incidents in a series under s. 34(1)(b) of the HRTO? (Ontario, Canada)
Does s.10(b) of the Criminal Code require police to inform a detainee of his right to retain and instruct counsel "immediately"? (Ontario, Canada)
What is the test for class B discrimination? (Ontario, Canada)
What is the test for security of the person under s. 11(b) of the Criminal Code of Canada? (Ontario, Canada)
What is the test for an assault charge under s. 34(2)(b) of the Criminal Code of Canada? (Ontario, Canada)
What is the test for state imposed psychological trauma in the context of section 11(b) of the Charter? (Ontario, Canada)
Does s. 3(2)(b) of the Child Support Guidelines apply to support for an adult child who has ended her relationship with the parent? (Ontario, Canada)
What is the test for determining whether a child is in need of protection under section 74(2)(b), (f) and (h) of the Child Protection Act? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.