Appellate Advocacy & Judicial Review

We deliver trusted appellate advocacy and judicial review counsel, helping clients protect their rights and achieve favourable outcomes before Canada’s highest courts and tribunals.
Key Contacts
Dionne Bourassa PascaleMellett Bruce
Court steps

Overview

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.

Client Work

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
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
ATCO Gas and Pipelines
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
ATCO Gas and Pipelines
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 ...
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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.)
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
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 ...
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Shore Gold
with the appeal in a claim alleging that a voting agreement between two joint venture parties, Shore Gold and De Beers Exploration, breached a joint venture agreement
HI Hotel Limited Partnership
in the successful enforcement of its statutory right of rescission under the Alberta Franchises Act and Regulation
Eagle Resources
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
A commercial real estate owner, in appeal proceedings successfully upholding the dismissal of an action for the sale of land voided by mutual mistake
Globex Foreign Exchange
in an appeal before the Alberta Court of Appeal seeking to set aside an interlocutory injunction enforcing a non-competition agreement
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 ...
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Pan Canadian Petroleum
in an appeal before the Alberta Court of Appeal challenging the cost award granted by a chambers judge
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
Blog

A Clarified Approach to Exclusion Clauses in Contracts for Sale of Goods

June 7, 2024
Gannon BeaulneEthan Z. SchiffDoug Fenton
Gannon Beaulne, Ethan Z. Schiff & Doug Fenton
Blog

Supreme Court Finds the Premier's Mandate Letters Exempt from Disclosure

February 20, 2024
Robert W. StaleyDoug FentonMiranda Cooper
Robert W. Staley, Doug Fenton & Miranda Cooper
Blog

Court of Appeal Characterizes "Opt Out" of Class Proceedings as a Substantive Right

October 14, 2021
Doug FentonGeoffrey (Geoff) Davis
Doug Fenton & Geoffrey (Geoff) Davis
Blog

Three Appeals at the Supreme Court of Canada in the 2021 Fall Session

October 4, 2021
Ethan Z. SchiffStephanie Clark
Ethan Z. Schiff & Stephanie Clark
Blog

Supreme Court of Canada Affirms Anti-Deprivation Rule

October 5, 2020
Scott H. D. Bower KCPreet K. GillRussell J. Kruger
Scott H. D. Bower KC, Preet K. Gill & Russell J. Kruger

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