Find Lawyers in Toronto, Ontario for Appellate Practice
Practice Area Overview
Arguing an appeal involves dealing with the case based on a fixed evidentiary record. It is only in rare instances that courts of appeal will entertain fresh evidence. Appellate practice involves putting together the appeal record and drafting the written argument, or factum, for the appeal. These steps are required in order to “perfect” the appeal, or to have it ready for argument. The respondent to the appeal will then file a responding factum. Appellate counsel have to be aware of the specific timelines associated with these tasks, which can be fairly condensed. Once the appeal is perfected, it is scheduled for an oral hearing with time limits normally assigned by the Court. Counsel for the appeal then argues the appeal in front of a panel of judges, normally three for courts of appeal and seven or nine for the Supreme Court of Canada. When counsel are attempting to overturn a court of appeal’s previous precedent, it is normally necessary to request that a five judge panel hear the appeal. Motions in courts of appeal are normally heard by a single judge. The majority of appeals are unsuccessful, meaning a premium is placed on appellate counsel who can advance concise and convincing arguments based on the record that exists. Appellate practice requires strong written and oral advocacy skills.
The majority of appeals to provincial appeal courts are as of right, but some appeals require to leave from the Court before the appeal can proceed. Leave is required for any appeal to the Supreme Court of Canada. Leave to appeal is normally determined based on paper record, without oral argument. At the provincial level, the test for leave normally requires conflicting decisions and/or an issue of importance. At the Supreme Court of Canada, the test for leave to appeal is a matter of national importance. As a result, the majority of appeals heard by the Supreme Court of Canada involve constitutional or administrative law issues, which tend to affect all of Canada. The Supreme Court of Canada grants leave for a very small proportion of leave applications, meaning it is difficult and rare to get leave. Generally, leave to appeal is normally only granted for legal issues, not factual issues, which tend not to be of general importance and for which the standard of review is very deferential.
John's advocacy is tried and tested, having conducted dozens of lengthy and complex arbitrations, trials, and administrative hearings. John has a robust appellate practice, having appeared at the Court of Appeal for Ontario on over 40 appeals and before the Supreme Court of Canada on multiple occasions. John does not shy from challenge. Some of John’s most notable cases are the product of his creative, boundary-testing approach, and passion for applying the law creatively to achieve sen...
Kirk is a partner at Koskie Minsky LLP and is head of the firm’s class action group. He has been repeatedly recognized by Lexpert, Chambers Canada and Benchmark Canada as a leading Canadian practitioner in the field of class action litigation. Mr. Baert has appeared in courts across the country, including the Ontario Court of Appeal, Quebec Court of Appeal, Newfoundland Court of Appeal and the Supreme Court of Canada, on matters dealing with all aspects of class action litigation. Mr. B...
For over 30 years, trade unions have relied on Steven Barrett to represent their interests, and the interests of their members, in all types of legal proceedings. Grievance and interest arbitration, labour relations board applications, collective bargaining – Steven does it all and makes it look easy. That’s why a member of parliament once referred to Steven as “the Wayne Gretzky of labour law”. From protecting the scope of bargaining unit work, to challenging discipli...
As the senior partner in his firm, Paul is a leading constitutional, labour and administrative law lawyer, arguing significant cases before the Supreme Court of Canada, the Courts of Ontario, and labour and administrative tribunals. Paul was appointed by Associate Chief Justice Dennis O'Connor to act as lead commission counsel to the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar. Previously, Paul acted as lead commission counsel in the Walkerton Inquir...
Shantona co-founded Pape Chaudhury in 2018. She represents both individual and institutional clients in civil and commercial disputes. Her practice includes commercial litigation, class actions, torts, professional discipline, professional negligence, administrative, constitutional, and public international law. Shantona has considerable expertise in appeals: she has been counsel in over 30 cases at the Ontario Court of Appeal and has successfully argued at the Supreme Court of Canada. She al...
Mark Halfyard is the senior appellate lawyer at Daniel Brown Law . He obtained his B.A. in legal studies and political science from Carleton University in 2001, graduating at the top of his faculty. He graduated with his LL.B. cum laude from the University of Ottawa, where he completed a clerkship with the Regional Senior Judge of the Ontario Superior Court. The Law Society of Ontario has certified Mark as a specialist in criminal law. With less than 100 certified criminal specialists in Onta...
Paul's practice includes corporate commercial litigation, securities litigation, class proceedings, professional liability, claims against directors and officers, employment litigation and professional liability and regulation. Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers. Certified as a Specialist in Civil Litigation by The Law Society of Upper Canada. Bilingual, argues cases in English and French before all levels of Court as well as trib...
Described by his peers as ‘the gold standard in this space, a phenomenal litigator’, for more than thirty years Jonathan has won landmark decisions across a broad variety of subject matter including competition law, constitutional law, liability of public authorities, professional liability, criminal law, financial services, franchise law and contract disputes. He has tried over 90 cases to judgment and argued over 55 appeals in provincial appellate courts and the Supreme Court of...
Andrew practices in the areas of constitutional law, appeals, administrative law, labour and employment law, and pension litigation. He clerked for Madam Justice (now Chief Justice) Beverley McLachlin of the Supreme Court of Canada in 1989-90. Prior to joining Paliare Roland, he worked at a national law firm, and taught law at Ottawa University and Monash University in Melbourne, Australia. He has appeared in more than 20 cases before the Supreme Court of Canada, and regularly appears before ...
Paul practice focuses on corporate commercial litigation and arbitration, shareholder and fraud litigation, appellate litigation and judicial review with particular expertise in complex cases with a regulatory or cross-border dimension. He has litigated cases involving failed hedge funds, derivatives, fraud and Ponzi schemes, arbitration-related court proceedings, shareholder disputes, construction and infrastructure, defamation and employment law. A highly experienced and versatile litigator...
Paul co-founded Pape Chaudhury LLP with Shantona Chaudhury in 2018. Paul has over 45 years of experience as both trial and appellate counsel and has acted in many cases of significance. Paul’s litigation practice focuses on complex commercial, securities,class action, professional negligence, and administrative matters, with special emphasis on appeals in these and other areas. Paul is a senior and leading member of the Ontario Bar. Paul has been described as an “outstanding appel...
Colleen’s practice focuses on criminal trials and appeals. She has argued appeals in the Ontario Court of Justice ( Provincial Offences Act appeals), the Superior Court of Justice, the Federal Court of Canada and the Court of Appeal for Ontario. She has repeatedly appeared on behalf of the Criminal Lawyers’ Association on significant criminal law appeals at the Supreme Court of Canada. She also has experience acting as counsel to a party with standing at a Coroner’s Inquest ...
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