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ARTICLE · 25 NOVEMBER 2011

How To Go For Broke–Wiithout Going Broke–On Appeal

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The bill from a civil appeal can shock even the most litigation- savvy client. While appeals will never be a bargain, counsel can help keep costs down by maximizing efficiency.

CanadaLitigation, Mediation & Arbitration
Jasmine Akbarali
Jasmine Akbarali
Cynthia Kuehl
Cynthia Kuehl
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Originally published in The Lawyers Weekly, August 28, 2008

The bill from a civil appeal can shock even the most litigation-savvy client. While appeals will never be a bargain, counsel can help keep costs down by maximizing efficiency.

First, and most importantly, plan ahead. Use the appeal period to carefully consider the issues. What kind of finding are you appealing and what is the applicable standard of review? Keep in mind the powers of the appellate court and decide at the outset what your strong grounds for appeal are. Concentrate on developing those.

Assessing the basis for your appeal at an early stage allows you to consider and reject weak grounds of appeal. Your notice of appeal should reflect your strongest grounds. Resist drafting many very specific grounds – a few thoughtfully drafted, broader grounds will reduce the need for a subsequent amendment. (This is equally true on a motion for leave to appeal.)

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