Does the Court of Appeal have any authority or authority to grant a motion for non-suit?
Ontario, Canada
The following excerpt is from Rosati v Reggimenti, 2016 ONSC 397 (CanLII):
While I certainly respect those decisions, I do not feel they are binding on this court. I note both those decisions were rendered at the end of the applicant’s case. In truth, they essentially were motions for “non-suit.” In civil cases, unlike criminal cases, the defendant must make an election as to whether to call evidence. A motion for non-suit will generally not be entertained unless the defendant first elects to call no evidence: Ontario v. Ontario Public Service Employees Union (OPSEU), [1990] O.J. No. 635, 37 O.A.C. 218 at 226 (Div. Ct.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
What is the test for a motion to have the Court of Appeal granted a Certificate of Appeal? (Ontario, Canada)
What is the test for appeal against a judgment by the Court of Appeal in the Superior Court of Justice granting custody to a mother and her two-year-old daughter? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
Does the court have any authority or authority to order that counsel spend an excessive amount of time on a motion? (Ontario, Canada)
Does the Chief Justice of the Court of Appeal have any authority or authority to oppose a contract? (Ontario, Canada)
In what circumstances will costs of a motion be awarded on a motion by the Court of Appeal? (Ontario, Canada)
What is the standard of review for a motion to appeal against a finding by a judge at the Court of Appeal? (Ontario, Canada)
Does the Court of Appeal have any authority or deference to a motion judge's decision to vary a custody order? (Ontario, Canada)
