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Joining Battle: Preparing to Determine the Test for Leave to Appeal (Or, The Fate of Re Sault Dock)
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Joining Battle: Preparing to Determine the Test for Leave to Appeal (Or, The Fate of Re Sault Dock)
A case scheduled for fall 2025 before the Ontario Court of Appeal will presumably address the appropriate test for granting leaves to appeal (see Knauff v. Human Rights Tribunal of Ontario (Div. Ct.) (“Knauff“). The resulting decision should tell us whether parties seeking leave to appeal from the Divisional Court should follow West Whitby Landowners Group Inc. v. Elexicon Energy Inc. (Ont. CA) (“West Whitby”) or Davis v. Aviva General Insurance…
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