appeals@appeal-law.ca    




Kenneth Peacocke is an Ontario appeal lawyer with offices in London and Toronto.      This firm handles a wide variety of Ontario court appeals.

If you have been involved in an Ontario court trial or tribunal decision and are considering an appeal or facing an appeal, you may wish to consider our firm's services.  If you are a lawyer, please click on our "Law Firms" button on the side menu.

This firm typically handles court appeals involving the following areas of law:

  • Commercial Matters / Business Disputes
  • Insurance
  • Licensing, Administrative and other Tribunal Decisions
  • Land Disputes
  • Employment and Wrongful Dismissal
  • Personal Injury, Motor Vehicle
  • Municipal Law
  • Wills and Estates Family Law / Matrimonial* [Family / Matrimonial appeal matters are usually only taken on by this firm as agents for a lawyer of record.]
  • [Please note, we do not handle criminal appeals.]
     

THE ELEMENTS OF AN APPEAL, TIME, COSTS 

Parties which are dissatisfied with a court or tribunal decision often have the right to appeal such rulings to a higher level.   However, appeals are demanding and complex matters, involving various stages and important advocacy issues.   The following is a brief review of the major elements of the appeal process.

The Decision to Appeal

Most appeals fail.  It is therefore important that one considers the merits of an appeal at the outset of the appeal process.  Our firm is able to provide objective, researched assessments of lower court and tribunal decisions to assist in the often difficult decision of whether to launch or maintain an appeal.

Organization

A key component of any appeal is organization.  There are time deadlines that must be followed, and printed and/or electronic material must be well organized.   There are many complex rules requiring the organization and filing of appeal documents.   When an appeal is finally heard by a Court, the time for oral argument is often limited, and valuable time may be lost if key documents or case law are not readily available.  Our firm has significant experience in appeal preparation and organization.

Written Advocacy

The importance of written advocacy in appeals cannot be overstated.  In most appeals, parties are required to submit a written "factum" (pl. facta) which outlines the relevant facts, law and argument.   Quite often, the justices have an opportunity to review the written material in advance of the appeal hearing.   There have been many occasions where the judicial panels hearing appeals have adopted counselࡲguments as stated in the facta.   Furthermore, it is not uncommon for the justices which have read the facta and other documents  to be more knowledgeable about the facts of the case than counsel themselves!

Our firm strives to put our clientӢest foot forward⹠conducting a thorough review of the facts, undertaking comprehensive legal research, and taking the time to write the most compelling factum possible.

Oral Advocacy

Oral advocacy on appeals is a unique art.  It differs greatly from trial advocacy.  In most appeals there is little dispute about the facts, and usually few surprises.  However, extensive preparation for the appeal hearing is required to ensure counsel have command of the facts and law, and are prepared for difficult questions from the appellate judges.  Most appellate judges are very experienced and have a wide knowledge of the law.  Counsel cannot 鮧 it࡮d cannot expect to simply read from their factum.  Advance preparation and knowledgeable, respectful, persuasive oral advocacy is essential to maximize the chances for success on an appeal.

This firm is able to draw on the expertise of experienced civil litigation counsel with appellate advocacy skills to argue the appeals.


TIME IS OF THE ESSENCE

In most appeal matters, there are time limits governing the filing of a Notice of Appeal, and further time limits to file documents.  It is important that you consider the merits of appealing, and make a decision as soon as possible following the decision in question.


COSTS AND RETAINER

A financial retainer is usually required before we can agree to perform work for you.  Unfortunately, the nature of an appeal is such that a great deal of the work has to be performed within a relatively short period of time (i.e. a few months) from the decision from which an appeal is sought.  Accordingly, a significant proportion of the anticipated full cost of the appeal is required at the outset before services may commence on your behalf.

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Every appeal is different, and the cost for appeals will depend upon the issues involved, their complexity, the amount of evidence at the original hearing, etc..  A typical range for the cost of an appeal may be $15,000.00 to $25,000.00 [not including any costs which may be awarded against you if unsuccessful on an appeal].  Again, however, costs vary according to the circumstances of the case.

If the appeal is successful, a portion of the costs may be recovered from the opposing party.

If you believe our firm may be of assistance to you, please contact us.


APPEALS THROUGHOUT ONTARIO


While our offices are in London and Toronto,  through agents and technology, we are able to handle appeals throughout Ontario.

Please contact us if you need an appeal lawyer in any of the following cities:

Barrie, Belleville,  Brampton,  Brockville,   Chatham,  Cornwall,  Guelph, Hamilton,   Kingston,  Kitchener,   London, Milton, Mississauga,  Newmarket,  Niagara Falls,  North Bay,  Oakville , Oshawa,  Ottawa, Pickering,  Richmond Hill, Sarnia,  Sault Ste. Marie,  St. Catherines,  Sudbury,  Thunder Bay,   Timmins, Toronto,  Waterloo, Whitby,  Windsor.