Marginal note:Powers of Federal Court of Appeal
52 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(d) [Repealed, 1990, c. 8, s. 17]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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