Author: Laura H. Bruyer
Appeals can be daunting for many family lawyers accustomed to the trench warfare of oral submissions and contested evidence. Whereas the outcome of a questionable parenting application or over-aggressive interim property division can sometimes be saved by the brilliance of your oral advocacy, the Court of Appeal is more interested in hard law, known facts, and the written record before it. In canvassing recent case law, this paper examines the standard of review and levels of appellate scrutiny in family law appeals.
This paper was presented at LESA’s Family Law Appeals webinar series on October 28, 2021 and November 18, 2021.