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Leave to appeal granted solely on the enlargement of an Anton Piller order to electronic devices.
The moving parties sought leave to appeal a July 2, 2024 decision of Justice Black.
The Divisional Court granted leave to appeal on the single issue of whether the Anton Piller order was correctly enlarged to include the business and phone computer of one of the moving parties.
Leave to appeal on all other issues was dismissed.
The court also granted a stay of paragraphs 2 to 4 of the underlying order pending the appeal, with no costs awarded due to divided success.
Motions to intervene in an appeal challenging the Mental Health Act's involuntary detention provisions granted.
The Canadian Civil Liberties Association and the Mental Health Legal Committee brought motions for leave to intervene as friends of the court in an upcoming appeal concerning the constitutionality of the involuntary detention provisions of the Mental Health Act.
The appellant supported the motions, while the respondent Crown and mental health facility opposed them, arguing the proposed interventions would be duplicative or raise new issues.
The Court of Appeal granted both motions, finding that the proposed interveners had special expertise, would make useful contributions without duplicating the appellant's arguments, and that the new legal arguments raised did not require fresh evidence or cause prejudice to the respondents.
