Appeals
Navigating the world of appeals (i.e. appellate law) can feel overwhelming. As a Toronto-based law firm, we aim to clarify and guide you through the process. We’re well-versed in representing clients across the Ontario Divisional Court, the Ontario Court of Appeal, and various other administrative appeals.
Our strength lies in understanding the various areas of law. This multidisciplinary background enables us to view your appeal from every angle. For every appeal, we review the grounds thoroughly, select the right jurisdiction, and craft a strategy that fits your case. You can trust us to evaluate interim relief and explain possible outcomes of a successful appeal.
Every appeal detail, from laws and past cases to procedures, is carefully analyzed. We don’t just consider these elements, but study them closely to strengthen your case. Each appeal comes with its unique challenges. Whether it’s about order types or jurisdictional concerns, we guide you towards a resolution.
It’s vital for us to stay updated with the ever-changing appellate law. By understanding appellate court powers and staying current on procedural changes, we provide advice that helps you make informed decisions about your appeal.
In the vast world of appellate law, our Toronto-based team aims to simplify things for you. Our dedication, knowledge, and insights are at your disposal. Let us be your advocates in the appeals journey.
Core Practice Areas
Civil Court Appeals
Civil appeals are a cornerstone of Ontario’s justice system, allowing litigants to challenge lower court decisions. The system is shaped by a layered structure of courts and rulings, each with specific roles and appeal guidelines.
Understanding the Path of Appeals: Whether it’s orders from the Ontario Court of Justice or rulings by the Small Claims Court, each decision has its designated appeal path. Some appeals go to the Divisional Court, while others head to the Superior Court of Justice or the Court of Appeal. Matters may even escalate to the Supreme Court of Canada, either directly or after passing through the Court of Appeal.
Complexities of Appeals: Beyond the basic appeal paths, there are unique cases involving motions, judicial reviews, or varying orders. In these situations, the appeal process may involve additional permissions from courts.
Civil appeals demand a deep grasp of laws, past cases, and strategies. It’s essential to navigate this legal maze effectively.
Family Court Appeals
Family court appeals are steered by specific rules. The appeal’s origin, whether from a Superior Court Judge or an Ontario Court Judge, dictates the process and requirements.
Starting an Appeal: Appeals commence by serving a notice to involved parties. The notice must specify the appeal grounds and the contested order.
Evidence and Records: Appeals may need transcripts of evidence. Both appellant and respondent must prepare records, which include crucial documents from the original trial. Parties also prepare factums, which present their argument.
Timelines and Hearing Schedules: Once filings are complete, hearings are scheduled. Certain appeals, like those linked to child welfare, have stricter timelines. While most appeals rely on original trial facts, new evidence, especially affecting a child’s well-being, can sometimes be introduced.
Deciding which court hears an appeal depends on the order type, its monetary value, and relevant legislation. Appeals in family law typically move faster than others, with some resolved within a few months.
Judicial Review Applications
Judicial reviews ensure fairness and legality in administrative decisions. They’re increasingly popular in Ontario due to the rise of administrative tribunals.
What’s a Judicial Review?: It’s a court process to check the fairness and legality of decisions made by tribunals. Typically, these applications go to the Divisional Court, but in urgent situations, the Superior Court of Justice might step in.
Scope of Reviews: Reviews focus on decisions from entities with “statutory powers.” They’re not applicable to private entities.
Available Remedies: Courts can offer various remedies during a review, including orders, declarations, and injunctions. However, these are at the court’s discretion.
Reviews are different from regular appeals. They ensure the initial decision was reasonable or correct. Given the increasing role of tribunals, understanding judicial reviews becomes crucial.
