Wednesday, October 12, 2011

Test for granting leave to appeal an interlocutory order

Ahmed v. Assu, 2011 BCCA 388 deals with the test for granting leave to appeal an interlocutory order.  In Ontario ss. 6 and 19 of the Courts of Justice Act set out the statutory criteria but the Ahmed decision is helpful as guidance:

[15]           The criteria to be considered on an application for leave to appeal are well established (Goldman, Sachs & Co. v. Sessions,2000 BCCA 326 (CanLII), 2000 BCCA 326, at para. 10, per Saunders J.A. (in Chambers)). They include:

(1)      whether the point on appeal is of significance to the practice;

(2)      whether the point raised is of significance to the action itself;

(3)      whether the appeal is prima facie meritorious or, on the other hand, whether it is frivolous; and

(4)      whether the appeal will unduly hinder the progress of the action.

 

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