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Practices: Appeals Advisory Team

A team of lawyers with experience in appellate work, who assist other lawyers with prosecuting or responding to an appeal.
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Alexander Holburn Beaudin & Lang LLP

Why Use Appellate Counsel?

New, outside appellate counsel can bring a new set of eyes and a new perspective to the case and assist trial counsel who have been involved with the file for a long time.  Trials and trial counsel are usually focused on the facts; but appeals are more about the law.  Appellate counsel can focus on the law at issue in an appeal.  In addition, dedicated appellate counsel can advise on the practices and procedures of the Court of Appeal and Supreme Court of Canada and lend a helping hand.

Our Purpose

Alexander Holburn Beaudin & Lang LLP’s Appeals Practice Advisory Team is a group of lawyers with extensive experience in appellate work.  We can help you with technical and practical matters, e.g. preparing the pleadings and books to prosecute or respond to an appeal.  We can help you with substantive matters, such as drafting the factum and preparing for oral argument.  And we can assist you with procedural matters such as chambers applications and applications for leave to appeal.

The Appeals Practice Advisory Team can assist other lawyers in a co‑counsel role, or as behind‑the‑scenes advisor, or as referral counsel.  We respect referrals - the client is yours; we are here to help you both.

Our Services

The Appeals Practice Advisory Team can assist in every aspect of an appeal in the B.C. Court of Appeal or Supreme Court of Canada, including:

  • reviewing judgments and providing opinions as to the prospects of an appeal;
  • drafting, reviewing, advising on, and filing a Notice of Appeal or Notice or Application for Leave to Appeal;
  • drafting, reviewing, researching, and arguing for motions for leave to appeal;
  • dealing with all aspects of work for interlocutory applications, such as for extensions of time and stays of execution;
  • preparing or reviewing all documents and books necessary for an appeal: Appeal Records, Appeal Books, Transcripts, Transcript Extract Books, Books of Authorities, and Factums;
  • attending at motions and appeals, as counsel, co‑counsel, or as agent.

If you need help researching and writing the factum, we can do that too. Our Director of Legal Research is a member of the Appeals Practice Advisory Team, and we can call on our partners, associates, and students to assist as well.

Our Team and Experience

The core members of the Appeals Practice Advisory Team are David Gooderham, Eileen Vanderburgh, and Karen Zimmer.  Other lawyers at Alexander Holburn have experience in many areas of substantive law and in appellate advocacy and can be called on as appropriate.  These include William Holburn, Q.C., Michael Ragona, Q.C., David McEwen, Q.C., Jim Dowler, David Garner, Judi Kennedy, and Patrick Saul.  Their experience is wide‑ranging, encompassing personal injury claims (motor vehicle, sports), commercial litigation, and insurance disputes (coverage, disputes between insurers, etc.).  Other lawyers at the firm can provide advice on many areas of civil law, including bankruptcy and insolvency, construction law, defamation, professional negligence, and wills, to name a few.

Our team has handled numerous appeals, motions, and applications in the Court of Appeal, including motions for directions, applications for extensions of time, applications for leave to appeal, motions for security for costs, and applications for stays of execution.  On appeal, we have dealt with issues ranging from aboriginal land claims to limitation periods to wills.

 

Some of the cases that we have been involved in are:

  • Williams v. College Pension Board of Trustees, 2007 BCCA 19:  pension-related class action dismissed for disclosing no cause of action
  • Fire Productions Ltd. v. Lauro, 2006 BCCA 697:  restoring an arbitrator’s award concerning rent review in a commercial lease
  • Jackson v. King, 2006 BCCA 563:  validity of a charging clause in a will
  • Yeung v. Au, 2006 BCCA 217: vicarious liability of a motor vehicle leasing company
  • Parsons v. Finch,  2006 BCCA 513: municipal liability for issuing a building permit
  • Lions Gate Marketing Co. Ltd. v. Used Car Dealers Association of Ontario, 2005 BCCA 274:  appeal from a finding of liability in defamation
  • Duddle v. Vernon, 2004 BCCA 390: municipal liability for personal injury (swimming on municipal property)
  • Lions Gate Marketing Co. Ltd. v. Used Car Dealers Association of Ontario, 2004 BCCA 354 (Ch.): motion for directions; appeal from R. 18A application
  • Bacchus Agents (1981) Ltd. v. Philippe Dandurand Wines Ltd., 2002 BCCA 138: breach of contract damages; agency; appeal from R. 18A application
  • Morguard Real Estate Investment Trust v. Davidson, 2001 BCCA 735 (Ch.):  motion to quash appeal; “final” nature of orders concerning default judgment
  • Martin v. American International Assurance Life Co., 2001 BCCA 130: accidental death benefits under life insurance policy
  • Skeetchestn Indian Band v. B.C. (Registrar of Land Titles) 2000 BCCA 525: registration of aboriginal titleHolme Estate v. Unum Life Ins. Co., 2000 BCCA 627: relief against forfeiture; limitation period under Insurance Act (accident and sickness insurance)
  • Bazley v. Curry, [1999] 2 S.C.R. 534: vicarious liability for tortious sexual assault

 

The Team

Core members of our Appeals Practice Advisory Team include David Gooderham, Eileen Vanderburgh, Timothy Outerbridge, and Karen Zimmer.  This group can also call upon other members of the firm with experience in many areas of substantive law and in appellate advocacy including William Holburn QC, Michael Ragona Q.C.David McEwen, Q.C.Jim Dowler, David Garner, Judi Kennedy, and Patrick Saul

Members of our team have dealt with many appeals, motions and applications in the Court of Appeal, including motions for directions, applications for extensions of time, and applications for leave to appeal, motions for security for costs, and applications for stays of execution.  On appeal, they have dealt with issues ranging from aboriginal land claims to limitation periods to wrongful dismissal.

Additional Information

To find out more about our Appeals Practice Advisory Team and how it can be of service to you, please email us.

Newsletters

To read the Appeals Team's newsletters, click here.