Appeals Advocacy

Appeals Advocacy

Appeals Advocacy

Winning in the End

When it comes to appeals, experience isn't optional — it's a minimum requirement. Conducting an appeal is very different from running a trial.

At Lerners, our lawyers have the talent and tenacity, as well as the wide range of experience, to meet the demands of appellate advocacy. This area of practice requires sharp legal insight, a deep understanding of procedure, and a strategic mindset tailored to the requirements of appellate courts.

A Track Record of Success across Expansive Legal Terrain

Over decades we have represented a broad range of clients in appeals involving insurance law, family law, tort law, commercial law, municipal law and judicial review. Our lawyers have also argued cases involving complex constitutional challenges. Whether appearing before the Court of Appeal for Ontario, the Federal Courts, or the Supreme Court of Canada, our breadth of experience will be to your advantage.

We have a long history of representing clients on appeals to the Supreme Court of Canada, from preparing the application for leave to appeal to the presentation of argument before the Court.

Trial Outcomes are Just the Beginning

You have prevailed at trial and must now respond to an appeal — or you are seeking to challenge a court decision. You will want counsel who can navigate every phase of the appeal process with clarity and confidence.

Collaborative and Client-Centred

While we frequently work directly with clients, we are equally adept at supporting other lawyers in appellate matters. Whether retained as lead counsel or in a consulting capacity, we bring strategic insight, legal precision, and seasoned judgment to the table.

OUR SERVICES

Appeal Evaluation

Assessing whether there are valid legal grounds to challenge a trial decision, with particular consideration of the standard of review applicable.

Appeal Evaluation

Assessing whether there are valid legal grounds to challenge a trial decision, with particular consideration of the standard of review applicable.

Representing Interveners or as a Friend of the Court

Representing third parties with a stake in the outcome or providing amicus curiae submissions.

Representing Interveners or as a Friend of the Court

Representing third parties with a stake in the outcome or providing amicus curiae submissions.

Post-Appeal Options

Advising on next steps after a decision, including potential for further appeal or reconsideration.

Post-Appeal Options

Advising on next steps after a decision, including potential for further appeal or reconsideration.

Consulting Services for Trial Lawyers

Providing strategic input and legal expertise to support appeal-readiness during or after trial.

Consulting Services for Trial Lawyers

Providing strategic input and legal expertise to support appeal-readiness during or after trial.

Record Compilation

Reviewing the trial record, transcripts, and exhibits to determine the record needed for the appeal.

Record Compilation

Reviewing the trial record, transcripts, and exhibits to determine the record needed for the appeal.

Motion Practice

Filing or responding to procedural or substantive motions that may arise during an appeal.

Motion Practice

Filing or responding to procedural or substantive motions that may arise during an appeal.

Written Advocacy (Factum/Brief)

Creating a compelling written argument to justify the appeal.

Written Advocacy (Factum/Brief)

Creating a compelling written argument to justify the appeal.

Legal Research

Conducting in-depth analyses of relevant statutes, precedents, and procedural rules.

Legal Research

Conducting in-depth analyses of relevant statutes, precedents, and procedural rules.

Notice of Appeal Preparation

Drafting and filing the formal document that initiates the appellate process.

Notice of Appeal Preparation

Drafting and filing the formal document that initiates the appellate process.

Oral Argument

Presenting argument in appellate court hearings.

Oral Argument

Presenting argument in appellate court hearings.

The End is the Point

Who wins last, wins. In an appeal, the outcome is everything. Our promise is diligence, dedication, and an unwavering focus on success. Contact us today to learn more.

representative work

McCartney v. CDSPI Advisory Services Inc., 2026 ONCA 578

Rebecca Shoom and William (Bill) Pepall successfully acted as agent for counsel to the plaintiff class in responding to an appeal arising from a significant class action and civil procedure decision that clarified the disclosure obligations relating to partial settlements. In preserving the action against a non-settling defendant that sought to have it dismissed based on alleged insufficient disclosure of a partial settlement agreement, the Court of Appeal confirmed that the settlement approval regime under Ontario’s Class Proceedings Act, 1992 governs the disclosure of class action settlements, and that neither the common law rule in Handley Estate nor Rule 49.14 of the Rules of Civil Procedure applies in that context.