Friday, November 13, 2015

An appeal is not from the reasons but from the order

An appeal is not from the reasons but from the order.  This basic point is often overlooked and is surprisingly hard to find explicitly in the caselaw.  A recent Yukon Court of Appeal (BC CA) decision is helpful.

Ross River Dena Council v. Canada (Attorney General),  2015 YKCA 16:


[13]        It is a fundamental principle of appellate jurisprudence that an appeal is taken from the order, and not the reasons expressed by the court granting the order.  John Sopinka & Mark A. Gelowitz, The Conduct of an Appeal, 2d ed. (Vancouver: Butterworths, 2000) at 6; R. v. Sheppard, 2002 S.C.C. 26 at para. 4.

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