Best Lawyers in Canada for Appellate Practice
Practice Area Overview
Arguing an appeal involves dealing with the case based on a fixed evidentiary record. It is only in rare instances that courts of appeal will entertain fresh evidence. Appellate practice involves putting together the appeal record and drafting the written argument, or factum, for the appeal. These steps are required in order to “perfect” the appeal, or to have it ready for argument. The respondent to the appeal will then file a responding factum. Appellate counsel have to be aware of the specific timelines associated with these tasks, which can be fairly condensed. Once the appeal is perfected, it is scheduled for an oral hearing with time limits normally assigned by the Court. Counsel for the appeal then argues the appeal in front of a panel of judges, normally three for courts of appeal and seven or nine for the Supreme Court of Canada. When counsel are attempting to overturn a court of appeal’s previous precedent, it is normally necessary to request that a five judge panel hear the appeal. Motions in courts of appeal are normally heard by a single judge. The majority of appeals are unsuccessful, meaning a premium is placed on appellate counsel who can advance concise and convincing arguments based on the record that exists. Appellate practice requires strong written and oral advocacy skills.
The majority of appeals to provincial appeal courts are as of right, but some appeals require to leave from the Court before the appeal can proceed. Leave is required for any appeal to the Supreme Court of Canada. Leave to appeal is normally determined based on paper record, without oral argument. At the provincial level, the test for leave normally requires conflicting decisions and/or an issue of importance. At the Supreme Court of Canada, the test for leave to appeal is a matter of national importance. As a result, the majority of appeals heard by the Supreme Court of Canada involve constitutional or administrative law issues, which tend to affect all of Canada. The Supreme Court of Canada grants leave for a very small proportion of leave applications, meaning it is difficult and rare to get leave. Generally, leave to appeal is normally only granted for legal issues, not factual issues, which tend not to be of general importance and for which the standard of review is very deferential.
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John's advocacy is tried and tested, having conducted dozens of lengthy and complex arbitrations, trials, and administrative hearings. John has a robust appellate practice, having appeared at the Court of Appeal for Ontario on over 40 appeals and before the Supreme Court of Canada on multiple occasions. John does not shy from challenge. Some of John’s most notable cases are the product of his creative, boundary-testing approach, and passion for applying the law creatively to achieve sen...
Kirk is a partner at Koskie Minsky LLP and is head of the firm’s class action group. He has been repeatedly recognized by Lexpert, Chambers Canada and Benchmark Canada as a leading Canadian practitioner in the field of class action litigation. Mr. Baert has appeared in courts across the country, including the Ontario Court of Appeal, Quebec Court of Appeal, Newfoundland Court of Appeal and the Supreme Court of Canada, on matters dealing with all aspects of class action litigation. Mr. B...
Mihnea Bantoiu practises primarily civil and commercial litigation. He has acted in a variety of high-profile litigation matters, including investment services and insurance liability, commercial and shareholder disputes, class actions, estate litigation, bankruptcy and insolvency, compliance with non-competition clauses and injunctions and other provisional measures. Mihnea has also assisted companies and their executives in defence of legal proceedings instituted by the Autorité des ...
For over 30 years, trade unions have relied on Steven Barrett to represent their interests, and the interests of their members, in all types of legal proceedings. Grievance and interest arbitration, labour relations board applications, collective bargaining – Steven does it all and makes it look easy. That’s why a member of parliament once referred to Steven as “the Wayne Gretzky of labour law”. From protecting the scope of bargaining unit work, to challenging discipli...
A strong defender of the view that a messy desk is a sign of creative genius, Colleen Bauman enjoys grappling with legal questions that don’t have an easy answer. Clients and colleagues look to Colleen when facing complex or novel constitutional, labour, or human rights issues. In her down to earth style, Colleen guides them with thoughtful advice that is both practical and tactical. Colleen’s clients include unions, professional associations, employees, other lawyers and even jud...
Dominic Belley is a tax litigator and co-chair of Norton Rose Fulbright's Canadian tax team. He has handled matters against federal and provincial tax authorities in civil, commercial, criminal and constitutional matters before the Court of Québec, the Québec Superior Court, the Québec Court of Appeal, the BC Supreme Court, the Alberta Court of Queen's Bench, the Ontario Superior Court of Justice, the Tax Court of Canada, the Federal Court and the Federal Court of Appeal....
Pierre Bienvenu, Ad. E. is a disputes lawyer with more than 35 years' experience in international commercial arbitration, corporate and commercial litigation, and constitutional law. He has acted as counsel or served as arbitrator in international arbitrations involving disputes in energy, transportation, telecommunications, mergers and acquisitions, construction, pharmaceuticals, international distribution and joint ventures, and foreign investment. A former co-chair of the IBA’s Arbit...
Gavin Cameron is a litigator in Vancouver with a focus on commercial disputes and white-collar criminal investigations. Appearing as successful counsel in more than 50 reported decisions, including more than a dozen appeals, he advises on contractual disputes, shareholders’ remedies, defamation, commercial fraud, and regulatory prosecutions.
Partner at Woods, Bodgan Catanu’s practice focuses on complex commercial disputes. He has extensive experience in high-stakes contractual matters, class actions, and corporate litigation. He has pleaded before the first instance and appeal tribunals of the province of Québec. He acted as lead counsel in several commercial arbitrations, notably a $200 million supplier–distributor UNCITRAL arbitration. He was recently co-lead counsel for certain bondholders of Nemaska Lithium...
As the senior partner in his firm, Paul is a leading constitutional, labour and administrative law lawyer, arguing significant cases before the Supreme Court of Canada, the Courts of Ontario, and labour and administrative tribunals. Paul was appointed by Associate Chief Justice Dennis O'Connor to act as lead commission counsel to the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar. Previously, Paul acted as lead commission counsel in the Walkerton Inquir...
Shantona co-founded Pape Chaudhury in 2018. She represents both individual and institutional clients in civil and commercial disputes. Her practice includes commercial litigation, class actions, torts, professional discipline, professional negligence, administrative, constitutional, and public international law. Shantona has considerable expertise in appeals: she has been counsel in over 30 cases at the Ontario Court of Appeal and has successfully argued at the Supreme Court of Canada. She al...
Mr. Cherniak’s practice is restricted to arbitrations and mediations and trial and appellate work, in a broad spectrum of complex commercial, insurance and public litigation and arbitration. Mr. Cherniak is a member (and Past Chair) of the Toronto Commercial Arbitration Society (TCAS) and a non-resident member arbitrator at Arbitration Place, a fully integrated arbitration centre located in the heart of Canada’s financial district in downtown Toronto, and a member of the arbitrati...
Jason is a civil litigator partner in the firm’s Regina office. Jason practices primarily in the areas of insurance defence, commercial litigation and construction law. Jason appears regularly before the Court of King’s Bench and the Court of Appeal and has acted as counsel on a number of applications for leave to appeal to the Supreme Court of Canada. He has experience appearing before numerous courts and tribunals, including the Provincial Court of Saskatchewan, the Federal Cour...
Tracey Cohen, KC is a leading commercial litigation and dispute resolution Partner in the Vancouver office. Tracey has been recognized for expertise in Corporate and Commercial Litigation, Securities Litigation and International and Commercial Arbitration and has repeatedly been recognized as one of Canada’s top 25 female litigators. Tracey was appointed as King’s Counsel in 2015 and was admitted as a Fellow of the American College of Trial Lawyers in March 2019. Tracey has been n...
Geoff Cowper, KC is a leading general litigator and a leader of the Firm's Litigation & Dispute Resolution group. Geoff has served as counsel in leading private and public cases in Canada and internationally. These have included leading decisions with national and international dimensions respecting commercial law, public law and human rights.
Brian Crane is a partner in Gowlings' Ottawa office. As senior member of Gowlings' Advocacy Law Group, he practises in constitutional, administrative and Aboriginal law. Brian appears as counsel before the Supreme Court of Canada, the Federal Court and the Ontario Courts. He has worked extensively in the negotiation of native land claims and self-government agreements and related litigation, and in arbitration and mediation. An active member of the Canadian Bar Association, Brian has chaired ...
Marie-Louise Delisle is a partner at Woods LLP, a leading Montreal litigation boutique. She has near twenty years of experience in the fields of commercial and civil litigation. She is involved in several major cases, more specifically in matters relating to securities, class actions, and professional liability, including that of accountants and stockbrokers. She is recognized as having a vast trial experience in addition to handling countless matters relating to injunctions, including Anton ...
For 30 years, Craig Dennis, Q.C. has represented clients in significant litigation matters at the trial and appellate levels. Craig is a partner at Dennis James Aitken LLP. His practice has a business focus with an emphasis on the effective resolution of complex commercial disputes. His litigation expertise includes the defense of class actions, professional liability, shareholder and related corporate disputes, product liability, land-related disputes, as well as administrative and constitut...
Mike is an experienced litigator known for his strong understanding of business, determined advocacy, and creative problem solving. He has been repeatedly recognized as a leading lawyer by Chambers Canada, Lexpert, Best Lawyers, Benchmark, and others for many years for his work in arbitration, complex commercial litigation, and appellate advocacy. Mike has argued over 50 appeals before the Supreme Court of Canada, Alberta Court of Appeal, Federal Court of Appeal, and various regulatory appeal...
Craig is one of British Columbia’s most accomplished litigation lawyers and acts for clients in commercial and business disputes. His particular areas of focus include shareholder remedies, trust, pension and fiduciary disputes, securities and transactional litigation, product liability, mining disputes and real estate litigation. Craig has appeared in all levels of court in British Columbia as well as the Supreme Court of Canada. He also has extensive experience, both as counsel and as...
The Honourable Clément Gascon joined Woods as Senior Counsel in the Spring of 2020. After a career of more than seventeen years in the Canadian judiciary, he returned to the private practice of law, which he had left in 2002. He uses his in-depth expertise and experience to guide and assist parties and their counsel in resolving disputes through arbitration at the national and international levels and acts as a strategic advisor in the insolvency, restructuring and litigation matters o...
Brook Greenberg, KC is a leading British Columbia litigator with a stellar reputation in complex commercial litigation, including banking, forestry and construction litigation. Brook has significant experience both regionally and nationally and has appeared before all levels of court including the Supreme Court of Canada. Clients seek Brook out for representation in civil litigation, arbitration and regulatory matters. Brook ensures that clients' business objectives are the primary focus of t...
Sean Griffin is a partner in the litigation group in Langlois lawyers’ Montréal office and a member of the firm’s Board of Directors. His practice focuses on complex litigation involving constitutional, administrative and commercial law issues, as well as corporate and securities matters. With recognized expertise in defending public and private corporations, financial institutions and various entities active in the financial markets, including their directors and officers,...
Mark Halfyard is the senior appellate lawyer at Daniel Brown Law LLP , based in Toronto, Ontario. With extensive experience in the legal field, Mark focuses on Appellate Practice and Criminal Defence. He earned his B.A. in legal studies and political science from Carleton University in 2001, graduating with honors. Mark subsequently received his LL.B. cum laude from the University of Ottawa, where he completed a clerkship with the Regional Senior Judge of the Ontario Superior Court. The Law S...
PROFESSIONAL EXPERIENCE: Mr. Halt graduated as the gold medal recipient from the University of Saskatchewan in 1986 and in 1988-89 he had the honour of serving as a law clerk to Madam Justice Bertha Wilson of the Supreme Court of Canada. Following his clerkship, Mr. Halt relocated to Calgary and has since practised civil litigation, including insurance with an emphasis on professional liability, corporate commercial litigation, securities litigation, franchise litigation, insolvency, construc...
Claire Hunter, K.C. is an experienced litigator with a broad civil litigation, public and administrative law and appellate practice. She appears regularly as counsel at both the trial and appellate level, including all levels of court in British Columbia and the Supreme Court of Canada, and before arbitration tribunals and administrative boards. She has experience working on complex commercial matters, including conducting internal investigations and conducting trials and appeals in high prof...
Carsten is a founding member and senior partner of JSS Barristers, the largest civil litigation boutique law firm in western Canada. His practice emphasizes complex and multi-party corporate and commercial litigation, commercial class actions, oil & gas litigation including royalty, environmental and CAPL issues, shareholder disputes, advising creditors and others in insolvency matters and professional negligence claims. During a leave of absence from JSS Barristers, he served as Senior L...
The Bâtonnier Michel Jolin has been a partner of the firm since 1988 and is a member of the civil and commercial litigation group. Before joining the firm, he was Director of Litigation Services for the Quebec Department of Justice. He was Vice President of the Quebec Bar in 1986-1987 and Bâtonnier (President) in 1987-1988. Throughout his career, he has been very active in educating and training litigators. He has also been a sessional lecturer at the universities of Montreal and ...
Randy J. Kaardal, K.C. is a senior litigator handling a wide range of commercial litigation for clients in the financial, mining, forestry, and manufacturing sectors. He has conducted hearings before all levels of Court in Canada, including the Supreme Court of British Columbia, the British Columbia Court of Appeal and the Supreme Court of Canada. He also regularly appears before various administrative tribunals including the B.C. Securities Commission, the Federal and Provincial Human Rights...
Vern Krishna is Tax Counsel at TaxChambers LLP and Professor of Common Law at the University of Ottawa. Professor Krishna is a national expert in the area of tax, the author of over fifteen texts in tax, international tax, business law, numerous articles and case comments. His work is often cited by the Supreme Court of Canada. Professor Krishna's practice is comprised of tax litigation and dispute resolution, international tax, tax planning and wealth management. He acts as counsel in income...
Howard Krongold is a partner at Abergel Goldstein & Partners LLP and is a Certified Specialist in Criminal Law. His practice focuses on criminal appeals and complex trials. Howard has argued over half a dozen times before the Supreme Court of Canada, and he has appeared as lead counsel in over 100 appeals before the Court of Appeal for Ontario. At the trial level, he has successfully defended clients charged with murder, large-scale drug trafficking, and sexual assault. Howard has lecture...
Practices in the area of Personal Injury\Insurance Litigation, Medical Negligence and Health Law and product liability, Class Proceedings, Commercial litigation with an emphasis on Oppression Remedies and Shareholder Disputes, Professional Liability, Occupational Health and Safety defence and Construction litigation, Appellate Advocacy
Practices in the areas of health law, appellate litigation and commercial litigation with focuses on commercial arbitrations, business and contractual disputes, shareholder disputes, administrative and public law, tribunals and commissions, professional negligence discipline, employment disputes, and appeals Professional Achievements and Recognition Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada Recognized and recommended by Lexpert as a leading lawyer in the...
Jim Lebo finds legal solutions that protect businesses. With his detailed knowledge of the people and the intricacies of the court system, he guides his clients through every step of the litigation process with skill and expertise. Jim handles corporate commercial litigation, appeals, and arbitrations. He has specialized expertise in appeals for complicated regulatory proceedings as well as an interest in constitutional litigation. His clients come to him for help with a range of issues in ma...
Barbara Legate is the founding partner of Legate. Barbara has engraved her vision of excellence in personal injury litigation and service to clients onto the firm. For Barbara, every case is personal. With every client, she asks, "what would I expect if I was sitting in his chair? How can I help my client get back what she has lost, or protect the future of this family?" After over 35 years of practice, Barbara has earned a high level of respect for her thoroughness, legal acumen and results ...
Paul's practice includes corporate commercial litigation, securities litigation, class proceedings, professional liability, claims against directors and officers, employment litigation and professional liability and regulation. Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers. Certified as a Specialist in Civil Litigation by The Law Society of Upper Canada. Bilingual, argues cases in English and French before all levels of Court as well as trib...
Described by his peers as ‘the gold standard in this space, a phenomenal litigator’, for more than thirty years Jonathan has won landmark decisions across a broad variety of subject matter including competition law, constitutional law, liability of public authorities, professional liability, criminal law, financial services, franchise law and contract disputes. He has tried over 90 cases to judgment and argued over 55 appeals in provincial appellate courts and the Supreme Court of...
Andrew practices in the areas of constitutional law, appeals, administrative law, labour and employment law, and pension litigation. He clerked for Madam Justice (now Chief Justice) Beverley McLachlin of the Supreme Court of Canada in 1989-90. Prior to joining Paliare Roland, he worked at a national law firm, and taught law at Ottawa University and Monash University in Melbourne, Australia. He has appeared in more than 20 cases before the Supreme Court of Canada, and regularly appears before ...
A senior partner with McLennan Ross, Graham has assisted clients to resolve all types of civil claims. Graham has focused on commercial litigation, including class action proceedings, professional liability claims against accountants and construction litigation. Based in Edmonton, Alberta, Graham conducts cases in Edmonton, Calgary, British Columbia and Ontario. Graham has appeared before all levels of Court in Alberta, the B.C. Supreme Court, the Ontario Court of Justice, the Northwest Terri...
Paul practice focuses on corporate commercial litigation and arbitration, shareholder and fraud litigation, appellate litigation and judicial review with particular expertise in complex cases with a regulatory or cross-border dimension. He has litigated cases involving failed hedge funds, derivatives, fraud and Ponzi schemes, arbitration-related court proceedings, shareholder disputes, construction and infrastructure, defamation and employment law. A highly experienced and versatile litigator...
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Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Process
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.