What is the test for certifying a decision of the Court of Appeal?
Manitoba, Canada
The following excerpt is from Todosichuk v. Daviduik, 2006 MBQB 6 (CanLII):
I agree and I would add that the sentiments expressed in Begg v. East Hants would appear to be reflected in Court of Appeal Rule 40(1) as follows: Certificate of decision 40(1) The decision of the court shall be certified by the registrar in Form 2 of Schedule A to the proper officer of the court appealed from who shall make all proper and necessary entries of the decision, and all subsequent proceedings may be taken as if the judgment had been given or pronounced in the court appealed from.
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