L. Appeals to the Supreme Court of Canada

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 599-599

Page 599

Section 18 of the Divorce Act, 1968⁶²specifically provided for appeals to the Supreme Court of Canada. No similar provision is included in the current Divorce Act. Accordingly, appeals to the Supreme Court of Canada now fall subject to the relevant provisions of the Supreme Court Act.⁶³Leave to appeal to the Supreme Court of Canada may be granted by a provincial appellate court in those rare cases in which an issue is raised of such obvious and compelling importance that the litigation calls for the attention of the country’s highest court without regard to competing demands for the court’s attention.⁶⁴

[62] SC 1967-68, c 24.

[63] RSC 1985, c S-26. Compare Pelech v Pelech, [1987] 1 SCR 801.

[64] Chartier v Chartier, [1997] MJ No 574 (CA), applying Ashmead v British Columbia, [1992] 6 WWR 763 (BCCA).