What is the test for an application to obtain leave from a judge?

Ontario, Canada


The following excerpt is from Dow v. York Region Board of Education, 2005 CanLII 2049 (ON SC):

However, even if there was some doubt as to the correctness of the order the defendant’s application for leave must fail on the second aspect of the test. Clearly the issues here are issues of production and discovery, which are relevant to the litigation only, not to the general well being of the law at large. They involve matters of procedure and matters of judicial discretion. As was said in Greslik v. Ontario Legal Aid Plan 65 O.C. (2nd) p. 110 “the conditions for granting leave are conjunctive. A judge hearing such an application must have good reason to doubt the correctness of the decision. He must also be satisfied that the matters involved are of “such importance” that in his opinion leave should be granted. We wish to draw to the attention of the members of this court and the profession at large that those words refer to matters of general importance, not matters of particular importance relevant only to the litigants. General importance relates to matters of public importance and matters relevant to the development of the law and the administration of justice.”

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