LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Nature of Ground of Law — Leave Not Required

Appeals on grounds of law alone may be brought as of right without leave. The appellant does not need to obtain leave from the lower court or the Supreme Court. The principle applies to appeals to the Court of Appeal and further appeals to the Supreme Court. The classification of the ground determines the need for leave. The court examines the substance of the ground. The appellant cannot circumvent leave requirements by mislabelling a ground as law. The principle promotes access to justice for legal errors. The court will strike out grounds of fact or mixed law and fact filed without leave. The rule is based on constitutional provisions.