H. Effect of Appeal

Author:Julien D. Payne - Marilyn A. Payne

Page 595

When an appeal is successful, the decision of the appellate court stands in the place of the order or judgment appealed from and takes effect from the date of the original order or judgment.46Where the successful appeal involves the right to or amount of child support, the appellate court has jurisdiction under section 21 of the Divorce Act to direct that its judgment shall take effect only from the date of the decision, but such an exceptional course of action can only be justified where there are circumstances that render it unjust to do otherwise.47

[46] Dennis v Wilson, [1998] OJ No 4854 (CA).

[47] Preweda v Preweda (1993), 48 RFL (3d) 190 (Man CA); see also Metzner v Metzner, [2000] BCJ No 104 (CA); King v King (1994), 115 Nfld & PEIR 56 (Nfld CA).

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