27 November 2014

THE BEST OF ... APPELLATE PRACTICE

I especially like doing appeals. I find I can often obtain the best results for my clients when I am permitted to carefully clarify for a court what are the legal as opposed to factual issues at play, and why those issues should be decided in favour of my client.

The facts rule trials, whereas the law rules appeal. Certainly lawyers still have crucial roles to play at trial in presenting the facts, but lawyers have limited control of trial facts which issue from independent witnesses, whereas in appeals lawyers can present very controlled factums, appeal books and books of authorities. Lawyers are the stylists of appeals.

Below, I give you 5 posts I've done which might assist you in figuring out whether you should appeal a case you lost, if such an appeal is even possible, and how to maximize your success on an appeal.


Oct 21, 2014
More than a few people at times find all the possible appeals that can happen in a case to be a ridiculous abuse of the judicial process, but those possible appeals are the fundamental injustice check valve for a judicial system ...
Jun 20, 2014
It might strike you as strange that it's more important to be on time with an appeal, than to have great grounds of appeal, but really that's how life works in general. The world's best employee who's always three hours late for ...
Mar 05, 2012
Although we all hear about these cases that supposedly go on forever because of appeal after appeal, the reality is that very few people appeal any judgment against them. Or in fact have a right to appeal. But appeals work.
Apr 06, 2012
Osgoode Hall, 1856 (currently home of Ontario Court of Appeal, Divisional Court and Law Society of Upper Canada); photo credit: Library and Archives Canada, creative commons licence ...

Oct 20, 2014
Compared to a trial where you had to show up, you'll always have a choice over whether to appeal a negative judgment to a higher court (unless you're forced to respond to an appeal by the other party to a case).

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