When a court renders an unfavourable or unjust decision, individuals may wonder if there is a way to challenge the ruling. This is where the grounds for an appeal come into play. An appeal provides an opportunity to seek a review of a lower court’s decision by a higher court, with the hope of obtaining
What are Successful Grounds for an Appeal? Read More »
A family court order in Ontario is a legal decision made by a judge about family matters, including divorce, child custody, and support issues. These orders can significantly influence your life and your family’s. If you feel that your family court order was made in error, understanding the appeal process is vital. This post provides
How do I appeal a family court order in Ontario? Read More »
If you’ve recently received a court decision and feel an error was made, you might have grounds for appeal in Ontario. This guide will help you understand the process behind filing an appeal in Ontario. What Is An Appeal? An appeal occurs when you request a higher court to review the original decision in a
Your Guide To Filing An Appeal In Ontario Read More »
Tomorrow, the Supreme Court of Canada will hear oral arguments in a case that has the potential to make new law in the way that courts review the conduct of Crown Attorneys, and in the way that courts deal with claims for damages for wrongful convictions. The case involves Ivan Henry, convicted of sexual assaults
Damages and Wrongful Convictions Read More »
A grainy video showing eight year old Tori Stafford being led away by one of her killers served as a tragic image in the trial of Tracy-Lynne McClintic and Michael Rafferty. McClintic pled guilty to first degree murder. Rafferty went to trial before a jury and was convicted of first degree murder. The high profile
The Michael Rafferty Appeal and State Funded Counsel Read More »
Acting for an appellant can feel like climbing Mount Everest. Leading judgments from the Supreme Court of Canada make overturning a trial judgment seem insurmountable. InHousen v. Nikolaisen, [2002] 2 S.C.R. 235 (S.C.C.) the Court held that a trial judge’s findings of fact cannot be overturned in the absence of a palpable and overriding error.
Processing Errors as a Ground Of Appeal in Medical Malpractice Cases Read More »
There have been so many useful papers written on appellate advocacy that it’s a little daunting to say anything fresh. While I can’t offer any blindingly new insights, I would like to focus on a few aspects of advocacy that I think merit attention: the importance of context; getting straight to the point; and making
Speaking Notes – Oral Arguments in the Supreme Court of Canada Read More »
Overview Much of value has been written on the subject of appellate advocacy. From our Court of Appeal, Justice Laskin has written three outstanding papers which, although not directly related to oral advocacy, have been of great benefit to practitioners: John I. Laskin “A View from the Other Side: what I would have done differently
Oral Argument Before the Supreme Court of Canada Read More »
Background: Heather suffered serious medical problems from mould and other toxins present in Government owned housing in which she resided in the 1980’s. She hired a law firm to represent her in the proceeding. Unfortunately, they failed to take action within the limitation period for doing so, with the result that Heather had to seek
Heather’s Case: Appeals, Civil Litigation, Personal Injury and Rules of Civil Procedure Read More »
Sadly, Justice Stephen Borins of the Court of Appeal for Ontario passed away on June 13, 2009. Justice Borins was appointed to the then County Court in 1975 and was highly respected throughout his career for the quality and thoughtfulness of his judicial writings, which were characterized by historical references and scholarly analysis. Justice Borins
The Honourable Justice Stephen Borins Read More »
