What is the difference between an appeal and a discretionary standard?
Ontario, Canada
The following excerpt is from Caputo v. Imperial Tobacco Ltd., 2003 CanLII 5634 (ON SC):
The importance of this distinction was recognized by Then J. in Brown v. Slaby, [2002] O.J. No. 2518, when he granted leave to appeal from an order of a motions judge dismissing an appeal from the Master invoking the discretionary standard set out in Marleen Investments, supra. Unfortunately for the ultimate resolution of the standard, the issue was settled before the appeal could be heard, as the appeal was dismissed without costs on consent. (See [2002] O.J. No. 5188.)
"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
What is the standard of review for appeal and cross-appeal? (Ontario, Canada)
What is the standard of review for a motion to appeal against a finding by a judge at the Court of Appeal? (Ontario, Canada)
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
What is the effect of the Minister’s appeal against the interim decision of the Court of Appeal finding that a new Formulary which includes the products of all five drug companies does not need to be included in the Formulaary? (Ontario, Canada)
What is the standard of review applied on an appeal? (Ontario, Canada)
What is the standard of review for an Assessment Officer to be reviewed by the Court of Appeal? (Ontario, Canada)
Can a guilty plea be appealed on appeal? (Ontario, Canada)
What is the standard of review of a Minister's refusal to disclose records on a standard of correctness? (Ontario, Canada)
