B.C. judge’s interlocutory decision brings an “uncommon” appeal to the Supreme Court

July 28, 2020

The Supreme Court of Canada is set to hear what litigation partner Jeremy Opolsky calls an “uncommon” appeal.

iPolitics reported that the SCC will hear an appeal of the British Columbia judge’s “interlocutory ruling that read down the seven-day notice period required in the Criminal Code to introduce certain records during a trial”.

Jeremy told iPolitics that the Supreme Court hearing an appeal that’s directly from a trial court is unusual from a procedural standpoint.

“Usually litigation flows up through appeals, including usually the Court of Appeal of a province, before going to the Supreme Court,” Jeremy said.

“[But] sometimes—for a variety of idiosyncratic reasons—it can take a court directly from a trial court, like the Supreme Court of British Columbia, which is what happened here.”

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