Appeals

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OVERVIEW

The hearing didn’t go as expected. The court’s decision left you confused and concerned.

No matter what happens, when a case doesn’t turn out as expected, consider your right to appeal. Our lawyers have argued appeals before all levels of the appeal courts and tribunals, including the Supreme Court of Canada.

We’ll help you navigate the viability of an appeal through every avenue. You’ll get exceptional advocacy any way you cut it.

Our appeals lawyers combine the analytical and intellectual requirements of appellate advocacy with the practical skills vital to successful appeals. From insightful initial opinions on the viability of an appeal to exceptional written materials to persuasive advocacy at every level, our experienced appeal lawyers will always put your client's best foot forward.

SERVICES

Our Appeals Group provides legal representation on appeals and reviews in a variety of subject areas, including:

  • arbitration awards
  • banking
  • bankruptcy and insolvency
  • business and commercial matters
  • contracts
  • class actions
  • debtor / creditor law
  • employment
  • estates
  • insurance
  • medical malpractice
  • municipal law
  • negligence
  • personal injury
  • products liability
  • professional liability
  • real estate and leasing
  • tax
  • torts
  • tribunal decision

We act for existing clients on appeals and are also regularly engaged as special appellate counsel on new matters when a fresh perspective is required. 

Timelines for appeals are strict. Don’t hesitate to reach out to our Appeals Group when things don’t turn out as expected.

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FIRM CASES

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Personal injury thumb original Fundamentally Different: Supreme Court of Canada on Statutory Rights of Appeal and Judicial Review

The Divisional Court and Court of Appeal for Ontario erred when they respectively concluded that only in "exceptional circumstances" and "rare cases" would judicial review be available for questions of fact or mixed fact and law.

Default Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss

First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.

A slip original Expert Evidence May Not Trump in Summary Judgment: Cases Case Study: Haley v Stepan

In a recent Court of Appeal decision, the Court upheld the defendant occupiers' successful summary judgment motion in a trip-and-fall case. Despite the plaintiff having expert evidence stating an unsafe elevation in the floor caused him to fall, the Court of Appeal ...