Court Of Appeal Confirms Its Jurisdiction To Hear Appeals In Writing Over The Objection Of A Party

• Published date: 26 May 2020
• Author: Mr Ken Prehogan
• Subject Matter: Litigation, Mediation & Arbitration, Coronavirus (COVID-19), Trials & Appeals & Compensation, Operational Impacts and Strategy
• Law Firm: WeirFoulds LLP

In 4352238 Canada Inc. v SNC Lavalin Group Inc.,^[1] the Ontario Court of Appeal gave notice that it is determined to proceed with appeals, where possible to do so, during the COVID-19 pandemic emergency, but that it will be flexible in its approach.

The matter is described in the Court's reasons as arising out of the dismissal of an application for narrow declaratory relief concerning the interpretation of one clause in a contract within the context of a relatively straightforward factual matrix. The appeal was scheduled to be heard on April 20, 2020, but was adjourned sine die due to COVID-19 emergency.

At a case management conference held to determine how the matter was to proceed, the respondent suggested that the appeal proceed in writing, but the appellant objected. The appellant submitted that the Court of Appeal has limited supervisory jurisdiction over its own process, such jurisdiction...