Watson JA

14.5: Appeals only with permission

Case Summary

This Application followed an earlier oral Decision by Watson J.A. where a stay of an injunction was granted. This Application was for Leave to Appeal the stay Decision to a panel of the Court of Appeal, and secondly to suspend the stay so as to await the panel determination. The Application was brought pursuant to Rule 14.5(2)(a), which requires an application for Leave to Appeal to be brought before the same appeal Judge who made the original decision. Under the circumstances, Watson J.A. did not think there would be much to be gained by granting Leave to Appeal from himself, particularly since the Appeal from himself could not be heard any sooner than the Appeal from the merits of Justice Veit’s injunction Decision. Watson J.A. was not persuaded to reverse his decision on its substance or its effect. Rather, Watson J.A. determined that it was better to direct that the Appeal be heard forthwith.

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