Marginal note:Powers of 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 Trial Division,
(i) dismiss the appeal or give the judgment and award the process or other proceedings that the Trial Division 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 Trial Division 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 the light of that declaration; and
(c) in the case of an appeal other than an appeal from the Trial Division,
(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(d) [Repealed, 1990, c. 8, s. 17]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
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