Appeals of Orders not Reasons for Orders

There is, from time to time, a question arising about what an appeal court considers -- the order appealed or the reasons therefor?



The general rule is, as set out by the Newfoundland Court of Appeal in the recent case of Newfoundland and Labrador (Office of the Information and Privacy Commissioner) (Re), 2008 NLCA 29, that only the order is appealed and not the reasons.



The reasons go to whether the order is proper but there is no appeal from reasons. There are only appeals from orders. Thus, if a judicial officer makes comments in reasons that a party finds objectionable, but grants the order sought by that party, no appeal lies.



The Court held:



The Court has no jurisdiction to hear the appeal that the Commissioner intends to take. The jurisdiction of the Court is to hear appeals respecting decisions or orders made by a Trial Division judge. (See Section 5 of the Judicature Act, R.S.N.L. 1990, c. J-8). The Court has no jurisdiction to hear an appeal only in respect of comments or reasons expressed by a trial judge in the course of making a decision or order. Having been granted the specific relief he sought from Justice Hall, the Commissioner has no right to appeal that order solely to have reasons associated with it expressed in the manner the Commissioner desires rather than the manner expressed by Justice Hall. (See Newfoundland and Labrador v. Canadian Broadcasting Corporation, 2006 NLCA 21 (CanLII), 2006 NLCA 21, 254 Nfld. & P.E.I.R. 291, 207 C.C.C. (3d) 309).