What is the current state of the law on the power of the Court of Appeal in managing litigation?
Ontario, Canada
The following excerpt is from Fontaine v. Canada (Attorney General), 2016 ONCA 241 (CanLII):
Lord Dyson in Al Rawi v. The Security Service, [2011] UKSC 34, [2012] 1 A.C. 531, at paras. 20-22, observed that, absent statutory regulation, the court has “an untrammelled power to manage litigation in whatever way it considers necessary or expedient in the interests of justice” so long as it does not alter substantive procedural law, such as natural justice.
"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 a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of 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 current state of the law in the United States when it comes to declaratory litigation? (Ontario, Canada)
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (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)
In what circumstances will the Court of Appeal in the Superior Court of Justice order that a father be denied custody of his infant son? (Ontario, Canada)
What is the effect of the Court of Appeal's decision in 2004 that found that a portfolio manager was able to vary the value of his portfolio against the market price cap? (Ontario, Canada)
What are the implications of the Court of Appeal's decision not to award costs in public-interest litigation? (Ontario, Canada)
Does the Court of Appeal have the power to reverse the verdict of a jury? (Ontario, Canada)
