Thursday, November 15, 2012

Appeals are from Orders and not Reasons

Almrei v. Canada (Attorney General), 2012 ONCA 779 makes the often overlooked point that appeals are from orders and not reasons for orders:

[10]       An appeal lies from an order and not from the reasons of the court below:Grand River Enterprises v. Burnham (2005), 10 C.P.C. (6th) 136 (Ont. C.A.), at para. 10. Because the appellant's only ground of appeal is that issue estoppel should apply, he is taking issue with the motion judge's reasons and not his order dismissing the motion for partial and summary judgment.  

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