[This is crossposted from our ADCS blog by John Richardson.
— Following the negative decision of Justice Martineau in the Summary Trial, Plaintiffs Ginny and Gwen instructed the Arvay team to appeal the ruling. Consistent with Federal Court Rules, the Federal Court of Appeal was asked to permit the appeal to be heard together with all other (expected) appeals arising out of the Constitutional-Charter trial. The Crown attorneys did not object to this request and on November 6, 2015 Madam Justice Dawson of the Federal Court of Appeal granted permission to “park” (hold in abeyance) the summary trial appeal until all Charter trial appeals are heard.
As John Richardson says below, this is important because it preserves our right to appeal on arguments that might ultimately prove to be successful, and, by arguing all appeals in one hearing, will also reduce legal costs for all parties.]
A brief update:
As you know the Alliance For The Defence of Canadian Sovereignty is appealing Justice Martineau’s decision from the August 4, 5/15 hearing.
We have been successful in arranging for that appeal to be heard along with the hearing in the main Charter trial.
This is good because it BOTH preserves the right for the appeal to be heard and minimizes the costs of a separate appeal hearing.