The point may seem obscure but it comes up repeatedly especially where orders are complex and have many parts.
Today's very brief Court of Appeal decision in Arenson v. Toronto (City), 2009 ONCA 169 makes the point clearly.
Considering an order alleged to be unclear the Court held:
"If there is any reason for the parties to be concerned with the clarity of the motion judge's order, counsel should obtain clarification from the motion judge."
James Morton
3 comments:
Counsel needed the Court of Appeal to tell them that?
What happens when the uncertainty arise during the implementation or needs a time sensitive clarification?
If you have a real time need to clarify any Superior Court judge can make an order varying the old order -- that amounts to clarification -- but there needs to be some real urgency.
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