Appeals

Our lawyers have deep experience in appeals and understand what a higher court considers when carrying out its unique function. JSS Barristers litigators are precise and know how to isolate the key legal issues which will dictate the outcome of the appeal.

Navigating the unique role that appeal courts play in reviewing lower court decisions is a complex endeavour that involves a thorough review of any procedural or policy issues that may have been brought up during the initial trial or hearing. This exercise is done within a different set of procedural rules than the lower courts, and often with very short timelines. Our appeals team possesses extensive experience and specialized knowledge in advocating for both appellants and respondents in this unique context, at appellate courts in Alberta, B.C., and Saskatchewan, as well as the Federal Court of Appeal and the Supreme Court of Canada. Our clients and referral sources are diverse, and frequently include counsel who do not have comparable knowledge in this unique area of practice.

As experienced counsel in appellate advocacy, we are adept at understanding the heart of the dispute, identifying reviewable errors and persuading courts through accurate and effective written and oral arguments. We have a rich understanding of the mechanics of the appellate systems, and in certain instances, we have been retained by counsel to advocate for their clients at the appellate level.

JSS Barristers’ appeal work includes:

JL Energy Transportation Inc v Alliance Pipeline Limited Partnership, 2025 ABCA 27 (leave to appeal sought): Counsel for the successful Appellant, involving novel issues of paramountcy and statutory interpretation regarding the interaction of the Patent Act and the Limitations Act (Alberta).

Auer v. Auer, 2024 SCC 36: Counsel for the appellant in leading case on the legal test for reviewing regulations.

Western Energy Services Corp v Savanna Energy Services Corp, 2023 ABCA 125: Counsel for the successful Respondent in an important takeover bid termination fee case

Alberta Health Services v Pawlowski, 2022 ABCA 254: Counsel for the successful appellant in overturning finding of contempt and sanction.  

Fitter International Inc v British Columbia, 2021 ABCA 54 (leave denied by SCC): Counsel for the successful Appellant in leading case on Crown immunity and public interest costs.

0678786 BC Ltd v Bennett Jones LLP, 2021 ABCA 62 and 2021 ABCA 197 (leave denied by SCC): Counsel for the successful Respondent in leading case on solicitor-client privilege, inadvertent disclosure and waiver.

Chemtrade Electrochem Inc v Stikeman Elliott LLP, 2020 ABCA 322: Counsel for the successful Respondent in a case dealing with the open-court principle, sealing orders and privilege.

Covey v Devon Canada Corporation, 2020 ABCA 445: Counsel for the successful Respondent in a decision affirming the dismissal of a case for long delay.

Alberta v Suncor Energy Inc., 2017 ABCA 221 (leave to appeal denied): Counsel for intervenors in dispute about privilege.

Ernst v Alberta Energy Regulator, 2017 SCC 1: Counsel for the successful respondent in precedent-setting appeal regarding Charter damages.

Goodhart v Alberta Energy Regulator, 2017 ABCA 22: Counsel for the successful respondent in dispute concerning extending time for filing appeal.

Luft v Taylor, Zinkhofer & Conway, 2017 ABCA 228: Counsel for appellants in leading case on punitive damages and solicitor-client costs.

Mann v Meiner, 2015 ABCA 39: Counsel for the successful appellant in procedural dispute regarding questioning.

Piikani Nation v Kostic, 2015 ABCA 60: Counsel for the successful respondents in dispute concerning improper collateral attack.

Tran v Kerr, 2014 ABCA 350: Counsel for the successful appellant in dispute concerning professional negligence.

Town of Okotoks v Municipal District of Foothills No 31, 2013 ABCA 222: Counsel for the successful respondent in resisting application for leave to appeal to the Supreme Court of Canada.

Alberta (Information and Privacy Commissioner) v Alberta Teachers' Association, 2011 SCC 61: Counsel for the successful appellant in precedent-setting administrative law decision.

942925 Alberta Ltd v Thompson, 2008 ABCA 81: Counsel for the successful appellant in contract dispute.