Appeals occur when a party disagrees with the decision of a Court and want a higher court to either declare the lower court decision invalid and/or have the matter retried or reheard.
Judges make decisions on a regular basis. As with any decision that is made, the expectation is typically based on reasonableness. Perfection is not expected as that would place an unforgiving and likely impossible task for the Judge.
As a result the decision of a judge, on certain factual findings, can be more challenging to appeal as you have to show that the decision was unreasonable. Of course, even if the reasoning of the judge is sound, the decision could have been based on incorrect law. This happens sometimes.
Unlike factual findings, courts of appeal do not give deference to judges on the law. The law considered must be correct. Of course, there is also the Constitution, and the additional burden that places upon both substantive and procedural aspects of any legal matter.
Appeals are, fundamentally, about ensuring that justice is meted out fairly and correctly.
As such, appeals necessitate reviewing all court materials including the evidence presented, the submissions of the parties, and reasons of the Court.
Our research and analysis team will review all materials and identify the various grounds of appeal open to you and lay out a pathway to best argue your case.
While we do the heavy lifting, we ensure you are kept informed and engaged as the matter develops or requires.
The decision to appeal should not be taken lightly. It comes with its own set of factors to assess.
We help you decide whether the proverbial juice sought is worth the squeeze.
We have appellate experience at all levels of court including the Supreme Court of Canada and several other specialized appeal courts including the Court Martial Appeal Court.
Our penchant for deep and critical analysis greatly increases our effectiveness in your appeal.
Having been in both the shoes of the Appellant and the Respondent over the years, our perspectives and resulting advice is more comprehensive and complete.
The ability to see things from both perspectives helps us craft our argument in such a way that the Court would be most responsive to accept and that the opposing party will struggle to contend with.
At Da Cruz Sommers LLP we also have experience conducting Judicial Reviews. A judicial review (JR) is a review by a court of an administrative decision maker or tribunal. While JR shares many similarities with appeals, they are demonstrably different and serve generally different purposes.
Appeals are primarily concerned with preventing miscarriages of justice while JR is most concerned with the proper discharge of an administrative tribunal’s exercise of their statutory powers.
Like appeals, the decision to seek JR comes with its own set of considerations that the lawyers at Da Cruz Sommers LLP are equipped to advise and handle.