C. Restrictions on Status Appeals
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 588-588 |
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 Divorce Judgment."
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- Chapter 11 - Appeals
- A. Definition of “Appellate Court”
- B. General Observations
- C. Restrictions on Status Appeals
- D. Restrictions on Corollary Order Appeals
- E. Role and Powers of Appellate Court
- F. Interim Orders
- G. Denial of Appeal; Motion to Dismiss Appeal; Reinstatement of Appeal
- H. Effect of Appeal
- I. Stay of Order Pending Appeal
- J. Absence Or Delay of Reasons For Judgment
- K. Fresh Evidence
- L. Appeals to the Supreme Court of Canada
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