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Appellate Advocacy & Judicial Review

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  • Key Contacts
  • Recent Experience
  • Insights, News & Events
  • Download PDF
  • Recent Experience
  • Insights, News & Events

When a case is set for appeal or judicial review, a team with a clear understanding of what persuades appellate courts is a considerable advantage. Our appellate advocacy and judicial review practice provides clients and referring counsel with specialized advice on all aspects of cases on appeal or judicial review. The group, headed by former Supreme Court of Canada Justice The Honourable Jack Major, includes a number of accomplished senior counsel and former federal and provincial appellate judicial clerks.

We assist clients and referring counsel in a manner most appropriate to them and to the extent they desire. Where requested, we offer litigation and trial strategies to protect appellate rights, and review the feasibility of potential appeals. Our expertise and experience in a broad range of commercial and regulatory issues allows us to be of particular assistance in developing substantive and procedural appeal arguments, preparing proper appeal books (including electronic appeals), drafting facta, and crafting effective oral arguments. We advance and oppose applications for leave to appeal to the Supreme Court of Canada, and apply for and oppose applications for intervener status.

Where trial and hearing counsel remain involved, we work cooperatively with them to ensure that clients benefit from both their case-specific knowledge and from the fresh perspective and expertise of our appellate group.

Key Contacts

  • E. Bruce Mellett E. Bruce Mellett, Partner
  • Jeffrey S. Leon L.S.M., FCIArb Jeffrey S. Leon L.S.M., FCIArb, Partner
  • Hon. John C. (Jack) Major C.C., Q.C. Hon. John C. (Jack) Major C.C., Q.C., Counsel
  • Related Lawyers

Recent Experience

Alberta Provincial Court Judges' Association, in a constitutional case before the Supreme Court of Canada regarding judicial independence. Provincial Court Judges (No. 2) (1998), 155 D.L.R. (4th) 1 (S.C.C.).
Archean Energy Ltd., with their appeal of a judgment which awarded two former officers damages for wrongful dismissal as well as substantial monies on a stock option agreement. The Court of Appeal reversed the lower court decision, finding that the plaintiffs had not been constructively dismissed. The amounts payable under the stock option agreement were also significantly reduced. 2007 ABCA 385.
ATCO Gas and Pipelines Ltd., in the Supreme Court of Canada's 2006 landmark decision defending utility property rights against regulatory confiscation. ATCO Gas Pipelines Ltd. v. Alberta (Energy Utilities Board), 2006 SCC 4.
Supreme Court of Canada case concerning overriding oil and gas royalties and whether they constitute interests in land. Bank of Montreal v. Dynex Petroleum Ltd. (2002), 208 D.L.R. (4th) 155 (S.C.C.).
The Metropolitan Conference Centre, in a successful appeal setting aside a trial decision and limiting a commercial landlord's contractual right to reclaim premises for purposes of building redevelopment. 2005 ABCA 274.
Safari Club International (Alberta Chapter) and Public Action for Wildlife Society, with their successful intervention in an appeal relating to Metis hunting rights in Alberta. R. v. Kelley, 2007 ABQB 41
An industry association of Canada's largest brewers, in a judicial review application concerning the conduct of the Beverage Container Management Board in setting fees for manufacturers in part to provide a reasonable rate of return to bottle depots. The application was successful and resulted in the establishment of a proper regulatory regime for determining this significant annual expense of all beverage manufacturers in the Province.
Shore Gold Inc., with the appeal in a claim alleging that a voting agreement between two joint venture parties, Shore Gold Inc. and De Beers Exploration Inc., breached a joint venture agreement. De Beers Exploration Inc. v. Shore Gold Inc. et al, 2006 SKCA 58
HI Hotel Limited Partnership (Hotel Arts), in the successful enforcement of its statutory right of rescission under the Alberta Franchises Act and Regulation. 2008 ABCA 276, affirming 2007 ABQB 686.
ATCO Gas and Pipeline Ltd., with its successful appeals of three related Board Decisions regarding the ability of the regulator to assert jurisdiction over its Carbon gas storage facilities and related production properties, which assets no longer serve any purpose for utility service. The court ruled that revenue generation is not a valid utility service.
Eagle Resources Limited, in an appeal before the Alberta Court of Appeal regarding a damage assessment pertaining to a breach of warranty contract resulting in an award of $9.47 million. Eagle Resources Ltd. v. MacDonald, 2005 ABCA 277.
A commercial real estate owner, in appeal proceedings successfully upholding the dismissal of an action for the sale of land voided by mutual mistake. 2003 ABCA 221.
Globex Foreign Exchange Corporation, in an appeal before the Alberta Court of Appeal seeking to set aside an interlocutory injunction enforcing a non-competition agreement. Globex Foreign Exchange Corporation v. Kelcher, 2005 ABCA 419.
Respondents, in an appeal before the Alberta Court of Appeal from the Trial Judges decision granting summary judgment to the plaintiff on the basis that there were arguable grounds with respect to the interpretation of a sale and purchase agreement relating to seismic information. Shapiro v. Armstrong, 2005 ABCA 297
Pan Canadian Petroleum Limited, in an appeal before the Alberta Court of Appeal challenging the cost award granted by a chambers judge. Stoney Tribal Council v. PanCanadian Petroleum Limited, 2005 ABCA 285.
Linda J. Court, in acting on behalf of local resident and, successfully judicially reviewing a decision of Alberta Environment permitting the construction of a gravel pit south of Calgary causing a re-hearing on various environmental issues.

Insights, News & Events

Speaking Engagements

Ranjan Agarwal on Key Principles in Constitutional Litigation

November 02, 2020
       

Blog

Supreme Court of Canada Affirms Anti-Deprivation Rule

October 05, 2020
       

Blog

The Supreme Court of Canada Resumes In-Person Appeals

September 15, 2020
       

Blog

Seven New Appeals Will Be Heard by the Supreme Court of Canada

April 27, 2020
       

Blog

Suspension of Limitations Periods in British Columbia in Response to COVID-19

March 28, 2020
       

Blog

Ontario Suspends Limitation Periods and Litigation Time Limits During COVID-19 Crisis

March 24, 2020
       

Blog

Five Cases to Watch at the Supreme Court of Canada this Winter

January 21, 2020
       

Blog

Supreme Court of Canada Reforms Judicial Review

January 03, 2020
       

Blog

The Balance of Convenience in Judicial Review Applications—A Lesson in the Cannabis Space

November 07, 2019
       

Speaking Engagements

Ranjan Agarwal on Maximizing Costs Recovery for Clients

May 15, 2018
       

Blog

5 Business Cases to Watch in the Supreme Court’s Winter Session

January 23, 2018
       

Blog

Ktunaxa Nation v. British Columbia: The Duty to Consult and Protecting Religious Freedom Rights

November 06, 2017
       

Articles

Striking Jury Notices in Civil Trials

Fall 2017
       

Announcements

Blair Yorke-Slader Q.C. Admitted to American College of Trial Lawyers

September 22, 2016
       

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