Only a panel on appeal can find a party without standing

BDC Venture Capital Inc. v. Natural Convergence Inc., 2009 ONCA 637, released today, deals with a fairly esoteric issue about standing on an appeal (can a failed bidder appeal a sale). That said, the case makes clear that a motion to find a party without standing must be heard by a panel on appeal and not a single judge -- and that's a procedural point worth remembering:


[15]         On the basis of these authorities, Broadview asks me to conclude that BluArc is without standing to bring its appeal and that the appeal should be stayed and the s. 195 stay lifted.  Both Skyepharma and Consumers Packaging were heard by a panel of this court and not by a single judge sitting in chambers.  In my view, a single judge does not have the jurisdiction in the circumstances of this case to decide that an appellant lacks standing to bring an appeal and to stay the appeal.  To do so would be tantamount to quashing the appeal.  A motion to quash an appeal, which may result in the final disposition of the appeal, is heard by a panel of the court. 
James Morton
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