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ARTICLE · 30 JANUARY 2015

Daneluzzi v. Daneluzzi: Leave To Appeal Summary Judgment Denied – Consistent With Hyrniak (SCC)

In the recent Ontario Divisional Court decision in Daneluzzi v. Daneluzzi, McKelvey J. considered a motion for leave to appeal from a summary judgment decision.

CanadaLitigation, Mediation & Arbitration

In the recent Ontario Divisional Court decision in Daneluzzi v. Daneluzzi, McKelvey J. considered a motion for leave to appeal from a summary judgment decision. In a somewhat unique situation, leave to appeal was sought by both parties.

The decision offers a reminder that even where the parties mutually seek an appeal, leave to appeal will only be granted where the criteria in R. 62.02(4) are satisfied:

[5] Rule 62.02(4) of the Rules of Civil Procedure sets out the criteria which must be satisfied before leave is granted. The rule provides as follows:

(4) Leave to appeal shall not be granted unless,

  1. there is a conflicting decision by another judge or court in Ontario or elsewhere on the matter involved in the proposed appeal and it is, in the opinion of the judge hearing the motion, desirable that leave to appeal be granted; or

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