Appellate Advisory

Why Use Appellate Counsel?

Trials and trial counsel are usually focused on the facts. Appeals are more about the record, the law, and “errors” that warrant appellate intervention. Appellate counsel can bring focus to these points. New, outside appellate counsel can also bring fresh insight and perspective to assist trial counsel who have typically been involved with the matter for a considerable time. Appellate counsel can also advise on the current practices and procedures of the British Columbia Court of Appeal and Supreme Court of Canada.

Our Role

The Appeals Practice Advisory Team can assist other lawyers in any of three different capacities, depending on your needs: as a behind-the-scenes advisor, in a co-counsel role, or as referral counsel. We respect referrals – the client is yours; we are here to help you both.

Our Services

Our Appeals Practice Advisory Team has extensive experience in appellate work. We can help you with the substantive matters that lie at the heart of an appeal, such as consideration of the standards of review, formulation of errors and issues, and drafting the factum and preparing for oral argument. We can also guide and assist you with procedural aspects of appellate work, including applications for leave to appeal, preparing and filing the materials to prosecute or respond to an appeal, and preparing chambers applications.

We can assist in every aspect of an appeal in the British Columbia Court of Appeal, 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 of application for leave to appeal; drafting, reviewing, researching, and arguing motions for leave to appeal; dealing with motions, affidavits and arguments for interlocutory applications, such as extensions of time, stays of execution and security for costs; factum writing and necessary legal research; preparing or reviewing all documents and materials necessary for an appeal; and attending at motions and appeals as counsel, co-counsel, or as agent.

We also have experience in Supreme Court of Canada applications for leave to appeal and appeals. We work with numerous Ottawa agents and have relationships with well-respected Supreme Court of Canada counsel.

Our Team + Experience

The core members of the Appeals Practice Advisory Team are Eileen Vanderburgh, Karen Zimmer, Thea Hoogstraten and Kathryn McGoldrick. Other lawyers at Alexander Holburn Beaudin + Lang LLP have experience in many areas of substantive law and appellate advocacy and can be called on as appropriate. Their experience is wide-ranging, encompassing contractual disputes, personal injury claims, property damage claims, insurance disputes, labour and employment, administrative tribunals, bankruptcy and insolvency, construction law, transportation law, defamation, professional negligence and wills.

Our team has handled numerous appeals and applications for leave to appeal in the British Columbia Court of Appeal. We have dealt with motions for directions, extensions of time, security for costs, stays of execution and applications for intervenor status. On appeal, we have dealt with substantive matters including all manner of tort and contractual issues, judicial review from a range of tribunals and decision-makers, and defamation.  We have also handled appeals involving procedural and costs issues.

Representative Work

  • British Columbia v. Canadian Forest Products Ltd., 2016 BCSC 1261: defense of action arising from a forest fire
  • Chen v. Surrey (City), 2015 BCCA 57: judicial review of decision of Human Rights Tribunal;
  • Dawson (Town of the City of) v Carey, 2014 YKCA 3: costs order
  • Ganitano v Metro Vancouver Housing Corporation, 2014 BCCA 10: relief from forfeiture of a residential tenancy
  • Shelton-Johnson v Delta School District No. 37, 2012 BCCA 439: interpretation of a contractual indemnity
  • Squamish Indian Band v. Capilano Mobile Park, 2012 BCCA 126: commercial land use; adequate representation
  • Slocan Forest Products Ltd. v. Trapper Enterprises Ltd., 2011 BCCA 351: liability for fire loss
  • Simon Fraser University v. Noble, 2011 BCCA 334: judicial review of Information and Privacy Commissioner order
  • Lennox v. New Westminster (City), 2011 BCCA 182: municipal liability for personal injury (sidewalk maintenance)
  • McLean v. British Columbia (Securities Commission), 2011 BCCA 455: Securities Act limitation period
  • Macdonald v. Institute of Chartered Accountants of B.C., 2010 BCCA 492: appeal from professional disciplinary tribunal
  • Lovely v. Stantec Consulting Ltd., 2010 BCCA 261: contributory negligence in occupier’s liability action
  • Mathew v. Delta School District #37, 2010 BCCA 233: production of documents (litigation privilege)
  • R. v. Bacon, 2010 BCCA 102 (Ch.): application for access to criminal appeal file
  • Bowen Contracting Ltd. v. B.C. Log Spill Recovery Co-operative Assoc., 2009 BCCA 457: appeal from award of punitive damages
  • Petro-Canada v British Columbia (Workers’ Compensation Board), 2009 BCCA 396: judicial review of WorkSafe BC order
  • Laichkwitach Enterprises Ltd. v. F/V Pacific Faith (Ship), 2009 BCCA 308 and 2009 BCCA 157: damages award in maritime collision; costs
  • Andreychuk v. RBC Life Ins. Co., 2008 BCCA 492: entitlement to disability insurance benefits
  • Everest Canadian Properties Ltd. v. CIBC World Markets Inc., 2008 BCCA 276; Everest Canadian Properties Ltd. v. Mallman, 2008 BCCA 275: application of Foss v. Harbottle to Maryland REIT; suitability for summary trial; contractual limitation of liability of trustees
  • Saugestad v. Saugestad, 2008 BCCA 38: Wills Variation Act claim by disappointed beneficiary
  • Cragg v. West Vancouver (District), 2007 BCCA 441; 2008 BCCA 260: appeal against municipal liability for negligent 911 response; costs
  • 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
  • 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; 2004 BCCA 354 (Ch.): liability for defamation; motion for directions (appeal from R. 18A application)
  • Duddle v. Vernon, 2004 BCCA 390: municipality’s liability for personal injury (diving into shallow water)
  • Bacchus Agents (1981) Ltd v. Philippe Dandurand Wines Ltd., 2002 BCCA 138: breach of contract damages; agency; appropriateness of summary trial
  • 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 titl
  • Holme Estate v. Unum Life Ins. Co., 2000 BCCA 627: relief against forfeiture, limitation period under Insurance Act (accident and sickness insurance

Team Members (from left to right):

Kathryn McGoldrick, Associate
Thea Hoogstraten, Associate
Eileen Vanderburgh, Partner
Karen Zimmer, Partner
Sarah Richmond, Library Manager/Research Lawyer