In the appellate courts, you will need someone with procedural knowledge to act as an advocate for your case.
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. This exercise is done within a different set of procedural rules than the lower courts, and often with very short timelines. The JSS Barristers' 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:
Ernst v Alberta Energy Regulator, 2017 SCC 1: Counsel for the successful respondent in precedent-setting appeal regarding Charter damages.
Alberta (Information and Privacy Commissioner) v Alberta Teachers' Association, 2011 SCC 61: Counsel for the successful appellant in precedent-setting administrative law decision.
Alberta Health Services v Pawlowski, 2022 ABCA 254: Counsel for the successful appellant in overturning finding of contempt and sanction.
Luft v Taylor, Zinkhofer & Conway, 2017 ABCA 228: Counsel for appellants in leading case on punitive damages and solicitor-client costs.
Alberta v Suncor Energy Inc., 2017 ABCA 221 (leave to appeal denied): Counsel for intevenors in dispute about privilege.
Goodhart v Alberta Energy Regulator, 2017 ABCA 22: Counsel for the successful respondent in dispute concerning extending time for filing appeal.
Piikani Nation v Kostic, 2015 ABCA 60: Counsel for the successful respondents in dispute concerning improper collateral attack.
Mann v Meiner, 2015 ABCA 39: Counsel for the successful appellant in procedural dispute regarding questioning.
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.
942925 Alberta Ltd v Thompson, 2008 ABCA 81: Counsel for the successful appellant in contract dispute.
- Overall strategic advice
- Drafting leave to appeal applications and responses
- Preparing notices of appeal
- Preparing appeal records and extracts of key evidence
- Motions to a judge or to the court
- Interventions, stays, new evidence
- Drafting appellant, respondent and intervener factums
- Preparing oral submissions for appeal hearings