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ARTICLE · 21 OCTOBER 2011

Civil Procedure – Appeals – Jurisdiction

WeirFoulds LLP
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The CBC applied to the Superior Court for an order granting it access to a video that was an exhibit in the appellant’s bail hearing.

CanadaLitigation, Mediation & Arbitration
Mark Edelstein
Mark Edelstein
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Canadian Broadcasting Corporation v Ontario, 2011 ON CA 624 (Released October 5, 2011)

The CBC applied to the Superior Court for an order granting it access to a video that was an exhibit in the appellant's bail hearing. The application judge granted the order and released the video to the CBC on the condition the appellant's face would be obscured. The appellant appealed the order.

The CBC brought a motion seeking to quash the appeal on the basis that the correct avenue to appeal was to the Supreme Court, with leave. The determinative issue was whether the appeal was a "criminal appeal" or a "civil appeal". The Court of Appeal would only have jurisdiction over a civil appeal.

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