APPEALS
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Practice Areas
Appealing an unfavourable trial judgment is a difficult endeavour. Successful appellate advocacy requires exceptional written materials and polished oral advocacy.
Our litigators have experience at all levels of appeal courts and tribunals up to and including the Supreme Court of Canada. Our Appeals Group is able to fuse the analytical and academic requirements of appellate advocacy with the practical and strategic elements that are vital in determining whether and how to proceed with an appeal.
Our Appeals Group provides representation on appeals and reviews in a variety of subject areas, including:
- arbitration award reviews
- banking
- bankruptcy and insolvency
- class actions
- debtor / creditor
- employment
- estates
- insurance coverage
- municipal
- negligence
- products liability
- professional negligence
- real property disputes
- tax
We act for existing clients on appeals, and we are regularly engaged as special appellate counsel on new matters when a fresh perspective is required. When an unfavourable judgment is returned, and it is still unclear whether an appeal will be pursued, we urge potential clients to contact our Appeals Group as soon as possible to ensure all options are identified and an appropriate strategy is formulated at the earliest stages.
- Expert Evidence May Not Trump in Summary Judgment: Cases Case Study: Haley v Stepan by Michael Kennedy, December 16, 2020
- Enforceability of Settlements in the Context of Self-Represented Plaintiffs - Case Study: Huma v. Mississauga Hospital by Jessica Grant, November 24, 2020
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- Is it okay for jurors to engage in internet research during deliberations? Case Study: Patterson v Peladeau by Jennifer E. Kelly, May 11, 2020
- COVID-19: Taking stock of urgent motions by Ashley Faust, April 15, 2020
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Lights, camera, financial transaction: Auditor liability after the Livent decision , MB Client Newsletter, June 10, 2016
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Clearing the Path – The Availability of Summary Judgment , First Presented at an MB Client Seminar, June 12, 2014
- Protection for Settlement Negotiations , First presented at an MB Client Seminar, March 04, 2014
- Gordyukova v. Certas Direct Insurance Company, 2012 ONCA 563 , MB's AB Newsletter, September 13, 2012
- Enforcing Letters Rogatory: A warning to connected businesses operating in multiple jurisdictions , OBA Journal - Volume 19, No. 1 - Young Lawyers' Division, October 31, 2011
- A Dirt Bike is Considered an Automobile by the Ontario Court of Appeal , MB Transportation Newsletter, January 31, 2010
- Accident benefits priority dispute between driver's own insurer and company car's insurer , MB Transportation Newsletter, December 31, 2009
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