What is the test for appeal?

Ontario, Canada


The following excerpt is from Selwyn v. Selwyn, 2021 ONSC 7050 (CanLII):

On the first branch of the test, it is not sufficient to show a conflict with the outcome of another decision; rather, the conflict must be with respect to the legal principles applied between two cases. On the second branch of the test, while the party seeking leave to appeal does not have to show an actual error, the party nevertheless must show that there is serious reason to doubt the correctness of the decision. On either branch of the test, the moving party must show that the case raises matters of importance beyond the parties; that such issues are of general importance in the sense that they are important to the development of the law: Lokhandwala v. Khan, 2019 ONSC 6346 (Div. Ct.), at para. 4.

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