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CIVIL PROCEDURE - Appeals - Powers of appellate court

Friday, June 19, 2020 @ 5:39 AM  


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Case management conference to determine how the appeal was to proceed after it was adjourned sine die due to the COVID-19 pandemic emergency. The appellant objected to the appeal proceeding in writing as suggested by the respondents. It argued that this court would not have jurisdiction to hear an appeal in writing over a party’s objection.

HELD: The appeal was to proceed in writing. This court had the jurisdiction to make any procedural order to prevent an abuse of process or to ensure the just and efficient administration of justice. The exercise of the court’s jurisdiction to manage its own process by directing that some appeals proceed on the written record was not inconsistent with any provision of the Courts of Justice Act or the Rules of Civil Procedure which did not mandate the absolute right to an oral hearing of an appeal. During these extraordinary times, judicial resources were strained. The ability to hear appeals remotely was not unlimited. This appeal was entirely suited to being heard in writing as it arose from the dismissal of an application that proceeded on a paper record.

4352238 Canada Inc. v. SNC-Lavalin Group Inc., [2020] O.J. No. 2185, Ontario Court of Appeal, L.B. Roberts J.A., May 13, 2020. Digest No. TLD-June152020009