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Top 5 Civil Appeals and the Top 5 Misused Words/Phrases

Dated: December 19, 2017

It’s that magical time of year again. In our building, this means the concourse is dotted with what appear to be pieces of AstroTurf wrapped around 10 foot cones.

To further assist in getting into the holiday spirit, the Court of Appeal’s decisions from November cover a festive potpourri of subjects: procedural fairness on certification motions, the procedural fairness implications when a matter is decided on a basis that was not pleaded, the court’s jurisdiction to vary a child support order, a parent’s desire to shield his children from “false teachings” in the public school system on religious grounds, and the test for a mid-trial order of certiorari under the Provincial Offences Act.

In contrast to the reliable clarity of the court’s decisions, this month’s Netletter author, Mark Freiman, also brings you his Top 5 words and phrases that mean something rather different from what they are often thought to mean.

On an unambiguous closing note for 2017, Happy Holidays and best wishes for 2018!

Stuart Zacharias
Editor and Chair, Lerners Appeals Group

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