Last Friday, our legal team advised GAJE that our application before the Court of Appeal was successful. The endorsement on the Court’s file was succinct:
“The motion for leave to appeal is granted.”
As is usual in such applications for leave to appeal, the court gave no reasons for its decision.
Let there be no misconception, however, regarding the meaning of the decision. We must be clear.
The Court of Appeal has allowed GAJE to appeal the September 2024 decision of the Divisional Court. The Divisional Court had concluded that Judge Eugenia Papageorgiou was wrong to allow GAJE’s application to proceed to a full hearing in court.
The Court of Appeal made no decision, nor offered any opinion, regarding the merits of our case. Nor should we wishfully infer a positive view of our case from the positive outcome of our motion for leave to appeal
It is reasonable, however, to conclude that the Court of Appeal was of the view that the Divisional Court either applied the wrong legal rules that govern dismissing an application at the early stage of the process, or alternatively, the Divisional Court applied the correct rules but in an incorrect manner. We can climb no higher than this on the ladder of hope.
And it is also reasonable to state, unequivocally, that the Court of Appeal decision was very good news. We hope to build on it. From strength to strength and from success and to ultimate success.
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If you wish to contribute to GAJE’s lawsuit, please click here. Charitable receipts for donations for income tax purposes will be issued by Mizrachi Canada. Your donations will be used for the sole purpose of helping to underwrite the costs of the lawsuit. For further information, please contact Israel Mida at: imida1818@gmail.com
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Shabbat shalom
Am Yisrael Chai
Grassroots for Affordable Jewish Education (GAJE)
March 7, 2025