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
Licensing, Administrative and other
Employment and Wrongful Dismissal
Personal Injury, Motor Vehicle
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
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
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.
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.
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
counselguments 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
forwardconducting a thorough review of the facts, undertaking
comprehensive legal research, and taking the time to write the most compelling
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 itd 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
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.
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.
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.