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.
- Alberta Provincial Court Judges' Association with
respect to 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., in connection 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 connection with 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
News & Speaking Engagements