C. Restrictions on Status Appeals

Author:Julien D. Payne - Marilyn A. Payne

Page 588

Pursuant to sections 12(3), (4), (5), and 21(2) of the Divorce Act, no appeal lies from a judgment granting a divorce once the time fixed by law for instituting an appeal has expired, unless an extension of the time for appeal has been sought or granted before expiry of the normal period fixed by law for instituting an appeal.2Although section 21(2) expressly denies any right of appeal from a judgment granting a divorce on or after the divorce takes effect pursuant to section 12, it does not preclude rescission of the divorce judgment for proper cause.3

[2] Compare Massicotte v Boutin, [1969] SCR 818; Kumpas v Kumpas, [1970] SCR 438; Novic v Novic, [1983] 1 SCR 700, applying s 18(2) of the Divorce Act, 1968; and see current Divorce Act, s 21(6).

[3] See Julien D Payne, Payne on Divorce, 4th ed (Scarborough, ON: Carswell, 1996) c 6, "Divorce Judgments," part 1, "Effective Date of Divorce Judgment; Appeals; Rescission of...

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