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61967.08This paper deals with two topics that often arise at the end of an appeal: the drafting of the judgment resulting from the decision, and the costs consequences of the appeal. With Rules references and relevant case law, this paper is a helpful guide. A bonus paper offering Practical Tips for Order and Judgments is attached. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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61967.07This paper provides valuable advice for anyone making an application to the Court of Appeal, including strategies. The author also reviews the application procedure under the Rules, and discusses the availability of case management officers as a resource, timing issues, application format and accompanying materials, issues on panel size, and details on specific applications. Attachments include a separate paper on Applications for Permission to Appeal, prepared by the Hon. J.E.L. Cote. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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61967.06Filing a criminal appeal to the Court of Appeal requires careful consideration of many factors, not the least of which is the likelihood of success. In her paper, this experienced counsel provides advice on issues like whether to appeal, and how and when to do it, She also provides specific advice on both conviction appeals and sentence appeals, including considerations relating to bail hearings pending appeal, factum preparation, the oral hearing and the post-hearing. Lastly, she discusses special circumstances like introducing new evidence and arguing, as a ground of appeal, the incompetence of counsel in the court below. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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61967.05According to this seasoned appellate counsel, “there is no single right way to argue an appeal but there are plenty of wrong ones”. Fundamentally, oral argument is your last chance to convince the court of the correctness of your client’s position. This paper provides helpful advice on preparing for oral argument, argument delivery, making your best points first, answering questions when asked, handling concession requests, hypothetical questions and analogies, and preparing from a respondent’s perspective. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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61967.04In this paper, the author discusses and provides advice on 3 specialized appellate procedures available in Alberta: JDR of an appeal, appeals without oral argument and fast track appeals, citing the relevant Rules of Court throughout. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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61967.03According to the Hon. J E L Cote, author of the first paper, “the importance of factums is colossal, almost impossible to overstate”. The factum is a lawyer’s basic argument, read by the judges before they ever see that lawyer, and read again by the judges before they prepare their decisions. However, as the author explains in the first paper in this two-paper set, many factums filed with the Court are not persuasive and they achieve very little. This valuable piece of advice explains why. Sample appellant and respondent factums are attached. The second paper in this set, written by experienced counsel, complements the Hon. JEL Cote’s paper. In it, the author provides advice on things like planning the factum, drafting, creating a persuasive argument, and fine tuning. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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61967.02After launching a civil appeal, the next task for an appellant is to prepare the documentary platform – the key to the appeal. The platform consists of two components: the appeal record and the extracts of key evidence. This paper offers valuable advice on how to prepare these documents, with citations to the Rules of Court. A separate overview of the applicable Rules is attached. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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61967.01Deciding whether to launch an appeal is the first step in the conduct of an appeal, yet surprisingly, there is very little written on this important subject. This paper sets out relevant factors to consider when deciding whether to launch or resist an appeal in a criminal matter. Other topics covered include building a record, timing and deadlines, remedies, and permission to appeal. The author also offers discussion on some common grounds of appeal/errors, the applicable standards of review for each, and related authorities. This paper is part of a collection presented at LESA’s Court of Appeal Practice program in October, 2015.
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61954.03This paper is complimentary.
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