What is the legal test for appeal against an Order requiring the Court to consider the merits of an appeal?
British Columbia, Canada
The following excerpt is from Araya v. Nevsun Resources Ltd., 2019 BCCA 104 (CanLII):
The merits test is whether the appeal is not frivolous. In my view, the applicants have met this threshold. It is not appropriate to say more about the merits given my decision regarding the jurisdictional basis of the Order: Gonzalez v. British Columbia (Attorney General), 2019 BCCA 88 at paras. 39–40.
"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
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established? (British Columbia, Canada)
Does the Court have to consider the merits of an appeal before deciding whether to grant an extension of time for perfecting the appeal? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
What factors will the court consider when ordering a table amount for the purposes of an interim order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What is the effect of having to have a division of the Court of Appeal hear an appeal of a restoration order? (British Columbia, Canada)
What is the second of the four grounds used by the Court of Appeal to order an order to be quashed? (British Columbia, Canada)
In what circumstances will the Court of Appeal in the Supreme Court consider 4 costs considerations? (British Columbia, Canada)
What are the grounds for appeal against a decision by a judge at the Court of Appeal to overturn a support order? (British Columbia, Canada)
What factors will be considered by the Court of Appeal for an appeal against the findings of fact? (British Columbia, Canada)
