What happens in the courtroom on a motion for leave to appeal?
A motion for leave to appeal is heard by a single judge of the Court of Appeal in Chambers (Courtroom 130). Chambers sittings are only held on Thursdays. The judge will hear your argument in chambers and then hear from the other party or parties. The Residential Tenancies Commission (or a lawyer for the Commission) may be present at the leave for appeal. The Residential Tenancies Commission has a right to be heard. The judge will determine whether there is a point of law or a point of jurisdiction that can be argued. Even if a mistake of law or a mistake of jurisdiction arises, the granting of leave is discretionary, therefore there must be substance to the point and the point should be applicable to future cases. The point should be of importance beyond your specific case. Sometimes the judge will give you their decision orally after you have argued. Other times, the judge may “reserve” their decision. That means he or she will take some time to think about the arguments. In that case
