Toronto Appellate Lawyers
Appeals and Leave to Appeal in Ontario
Civil Appeals in Ontario
Appeal of Summary Judgment | Hryniak v. Mauldin
Appeals to Superior Court Judge, Divisional Court, Ontario Court of Appeal, Federal Court of Appeal and Supreme Court of Canada
Appellate advocacy, both written and oral, is distinctly different than trial advocacy. It seeks to identify, characterize and persuade the appellate court that the errors made by the court below fall within the standard of review of the appellate court and that the order or judgment ought to be varied, set aside or remitted back to the court below.
A fresh view by an appellate counsel allows an objective review of the order or judgment, reasons, and record of evidence to determine if there has been a reviewable error.
Successful appellate counsel draw from lengthy and wide experience and understanding of the law. Many types of appeals require leave of the court to proceed to the actual appeal. The significance and importance of the issue on appeal often bears on obtaining leave to appeal. Experienced appeal lawyers can draw from diverse practice to develop with clarity the arguments to be put forth on proceedings for leave to appeal, and the appeal.
Our appellate lawyers have appeared at all levels of appeal including numerous appeals in the Ontario Court of Appeal.
One of our team has also appeared as responding co-counsel in the Supreme Court of Canada hearing resulting in the recent landmark decision in Hryniak v Mauldin, which addressed access to justice in civil matters, the test for summary judgment in a civil matter and the standard of review of an appeal of a summary judgment.
In three years that case has been cited by more than 1,600 reported decisions of courts in Canada, including over 1,000 cases in Ontario, demonstrating its importance in the development of the law in Canada.
We have been involved in a very wide array of appeals including appeals from orders and judgments in civil and commercial matters, including appeals in employment, defamation, franchise, civil fraud, mortgage, property development, insurance subrogation rights, personal injury, class actions, trusts and professional liability matters.
We offer the following legal services in appeals:
- Acting for appellants, respondents and interveners in appeals and proceedings for leave to appeal
- Advice on possible appeals and proceedings for leave to appeal
- Assistance to other lawyers on preparing appeals and proceedings for leave to appeal
- Advice and representation in all aspects of appeal, including stay of lower court orders and judgments pending appeal, extension of time for appeal, motions to admit fresh evidence, intervening on appeals, procedural aspects of appeal, including motions in the appeal, the preparation of factum and the preparation and presentation of oral argument on appeal.
If you have a matter in which an appeal or response to an appeal is contemplated, please contact Gilbertson Davis LLP for an initial consultation.
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