Court of Appeal Notice – Changes to Appeals

October 1, 2021 – Leave Required for  most Interlocutory Appeals

“As of January 1, 2022, amendments to The Court of Appeal Act, CCSM c C240, will be proclaimed into force. The new sections, sections 25.1 and 25.2, govern appeals to the Court from decisions of the Court of Queen’s Bench.

The new sections provide that no appeal may be made to the Court of Appeal with respect to an interlocutory order of a judge of the Court of Queen’s Bench unless leave to appeal is granted by a judge or the Court. Leave to appeal is not required:

(a) in a proceeding involving:
      (i) the liberty of a person; or
      (ii) the custody of a minor.
(b) if the order grants or declines to grant a stay or an interlocutory injunction.”

All Court of Appeal Notices and Practice Directions available here.