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Scharf v. Crowder

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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appealappealscanadacanadiancase-lawevidencemotionsprocedure
canada, canadian, case law, court opinion, canlii, onca, 2026onca647, 2026 onca 647 (canlii), 2026, onca, 647, (canlii), coa-26-om-0130; m57058; m57553, 2026, procedure, appeals, extension of time, enbridge gas distribution inc. v. froese, whether it was in the interests of justice to grant an extension to appeal financial orders, appeal found “so lacking in merit” that no realistic prospect any judge could allow it, non, compliance history considered, extension refused, review motion dismissed, procedure, motions, panel review, deference, whether the panel should set aside the motion judge’s decision for alleged legal errors, judge may assess whether an appeal has a realistic prospect of succeeding without deciding how the appeal should be resolved, issai v. rosenzweig, kideckel v. kideckel applied, no basis to interfere, motion dismissed, evidence, appeal, fresh evidence, transcript, whether a transcript of the hearing before the motion judge is admissible on a panel review motion, petrisor v. ramani noted as leaving admissibility unclear, transcript reviewed with consent, no error shown and request to admit transcript denied, motion for review dismissed, procedure, record, misapprehension, procedural fairness, whether alleged misapprehension of material evidence and procedural failings showed an arguable ground of appeal, claims about pension valuation, selective documentation, and unfair trial rejected as not borne out on the record, personal service shown, timing immaterial, no impact on outcome, motion for review dismissed
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