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ARTICLE · 15 JUNE 2021

Appellate Litigation And Judicial Review: A Litigator's Most Common Mistakes

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.

CanadaLitigation, Mediation & Arbitration

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

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