The prospect of embarking on an appeal or application for
judicial review from a Tribunal proceeding or a motion, application
or trial can be daunting for the unversed Ontario
lawyer.
Civil appeals and judicial review applications are very much
their own beast.
They involve a level of knowledge and skill outside the ordinary
experience of the average litigator.
Lawyers should be wary of taking on appeals or judicial reviews
where they do not do so regularly. The perils are many - the
consequences fatal.
Below is a list of the top five mistakes made by the novice
appellate lawyer.
They may apply to lawyers for the appellant / applicant or the
respondent:
1. Failing to
take out the underlying Order