Date27 July 2022
AuthorJulien D. Payne,Marilyn A. Payne
 
Section 2(1) of the Divorce Act provides that “appellate court,” in respect of an appeal from a
court, means the court exercising appellate jurisdiction with respect to that appeal. is def-
inition is relevant to the operation of sections 21 and 25(3) of the Act. An examination of the
aforementioned provisions indicates that the determination of the appropriate appellate court
and the procedure applicable on appeals has been delegated to the provinces.1 Although sec-
tion 96 of the Constitution Act, 1867 binds both the Parliament of Canada and the provincial
legislatures and precludes any appellate jurisdiction in divorce proceedings being exercised
by tribunals other than those presided over by federally appointed judges, some exibility
exists for the provinces to select the appropriate appellate court in exercising their legislative
jurisdiction over the administration of justice. e composition of the appellate court could
also vary according to whether the appeal is in respect of an interim order or a permanent
order for corollary relief.
Section 21(1) of the Divorce Act confers a general right to appeal from any judgment or order,
whether nal or interim, made pursuant to the Act. Sections 21(2), (3), and (4), however,
impose restrictions on the right of appeal, which vary according to whether the appeal relates
to the judgment qua marital status or to interim or nal corollary orders. A non-party is not
entitled to appeal.
As to the provincial power of a trial judge to reserve or refer matters to an appellate court, see Arnold v
Arnold (–),  NSR  (CA); Iantsis v Papatheodorou (),  RFL  (Ont CA).

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