What is the test for an application to appeal against release pending appeal under Section 1(1)(b) of the NWTCA?

Yukon, Canada

The following excerpt is from Tan v. Yukon (Government of), 2005 YKSC 19 (CanLII):

S1(1)(b) also requires the applicant to demonstrate that his claim is not “frivolous”. Vertes J.A. interpreted that standard in Kolausok v. H.M.T.Q., 2004 NWTCA 1, a criminal case involving release pending appeal, where the applicant similarly had to establish that his appeal was not frivolous. At paragraph 3, Vertes J.A. said this is a low threshold, where it is unnecessary to show a likelihood of success, and continued as follows: It is simply a requirement to show that there are grounds of appeal that are at least arguable. An appeal that is frivolous is one that has no hope of success. This is not synonymous, however, with a little likelihood of success. The threshold is met if there is at least some prospect of success.

Other Questions

What is the difference between a renewal application and an application for renewal being made on the same date? (Yukon, Canada)
What is the applicable standard of review for an appeal from a discretionary order? (Yukon, Canada)
What is the test for an application to challenge for cause? (Yukon, Canada)
What is the test for an application to set aside a default judgment under Rule 17(16)? (Yukon, Canada)
What is the legal principle of a motion requiring the immediate release of a child with special needs, and what is the test for this? (Yukon, Canada)
What is the case law on admitting new evidence in a criminal appeal? (Yukon, Canada)
Can retroactivity be ordered back before the application date? (Yukon, Canada)
When will the court order an assessment of the finances of the accused in a Rowbotham application? (Yukon, Canada)
What is the test for a frivolous appeal? (Yukon, Canada)
How has a law firm been found to be a party to a personal injury application? (Yukon, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.