AuthorJulien D. Payne,Marilyn A. Payne
Date25 July 2022
Chapter 11
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 def‌inition is relevant to the operation of
sections 21 and 25(3) of the Act. An examination of the aforementioned pro-
visions indicates that the determination of the appropriate appellate court
and the procedure applicable on appeals has been delegated to the provinces.1
Although section 96 of e Constitution Act, 1867 binds both the Parliament
of Canada and the provincial legislatures and precludes any appellate juris-
diction in divorce proceedings being exercised by tribunals other than those
presided over by federally appointed judges, some f‌lexibility exists for the
provinces to select the appropriate appellate court in exercising their legis-
lative 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 judg-
ment or order, whether f‌inal or interim, made pursuant to the Act. Sections
1 As to the provincial power of a trial judge to reserve or refer matters to an appellate
court, see Arnold v Arnold (1965–69), 2 NSR 348 (CA); Iantsis v Papatheodorou (1971), 3
RFL 158 (Ont CA).

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