Appellate Courts in Canada have broad jurisdiction to review the
Orders of lower Courts.
Far from a rubber-stamping process, all appeals involve the
assessment of the lower Court's reasoning through the
application of standards of review.
For this reason, appeal judges are wary of relinquishing their
adjudicative function to anyone else, let alone the parties
themselves.
A recent decision of the Ontario Court of Appeal, Martin v.
11037315 Canada Inc., 2025 ONCA 648, illustrates that even where
parties seek to resolve an appeal on consent, the Court still
reserves the right to assess the lower Court's Order on its
merits.
A Bona Fide Purchaser Without
Notice
Martin arose from a dispute over a residential
property.
