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Federal Courts Act

Version of section 52 from 2003-07-02 to 2022-08-08:


Marginal note:Powers of Federal Court of Appeal

 The Federal Court of Appeal may

  • (a) quash proceedings in cases brought before it in which it has no jurisdiction or whenever those proceedings are not taken in good faith;

  • (b) in the case of an appeal from the Federal Court,

    • (i) dismiss the appeal or give the judgment and award the process or other proceedings that the Federal Court should have given or awarded,

    • (ii) in its discretion, order a new trial if the ends of justice seem to require it, or

    • (iii) make a declaration as to the conclusions that the Federal Court should have reached on the issues decided by it and refer the matter back for a continuance of the trial on the issues that remain to be determined in light of that declaration; and

  • (c) in the case of an appeal other than an appeal from the Federal Court,

    • (i) dismiss the appeal or give the decision that should have been given, or

    • (ii) in its discretion, refer the matter back for determination in accordance with such directions as it considers to be appropriate.

  • (d) [Repealed, 1990, c. 8, s. 17]

  • R.S., 1985, c. F-7, s. 52
  • 1990, c. 8, s. 17
  • 2002, c. 8, s. 50
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