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Appeals

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Andrew Bernstein Partner
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  • Litigation and Dispute Resolution
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Overview

Torys has a deep expertise in appeals at the Supreme Court of Canada and at Courts of Appeal across the country, offering its clients unparalleled judgment and experience in appellate matters. Since 1978, Torys has appeared in 80 cases at the Supreme Court of Canada, including major precedent setting decisions in numerous areas of law.

Torys’ appellate group works with clients at any stage of appeal, often in conjunction with trial counsel, to advise on, draft and argue appeals. Whether appealing or responding, clients trust Torys to refine the arguments on appeal and give them the best possible arguments.

Trials are about facts. In appeals, the facts are largely set, and the role of an appellate lawyer is to make the legal arguments—in the brief and in court—that explain why the decision below should be upheld or reversed in light of those facts. Torys’ appellate group, including numerous former Supreme Court of Canada and Ontario Court of Appeal clerks, brings the focus, advocacy and teamwork necessary to maximize our clients’ success on appeal.

When we are retained for the first time on appeal, we usually work closely with trial counsel, who is typically well-versed in the facts and evidence, as well as the procedural history. Sometimes we are retained to help write or edit the argument and appear as co-counsel in an appellate court.

We also regularly advise clients on seeking or resisting leave to appeal. We understand what makes a court want to hear—or not hear—an appeal.

In addition to corporate/commercial, class actions, securities, IP and employment cases, our appellate litigators have extensive expertise in constitutional and public law matters, having argued numerous cases under both the Charter and the Constitution Act, 1867. We regularly handle appeals from boards and tribunals, such as the CRTC, Securities Commissions and the Competition Tribunal, as well as conduct judicial reviews of regulatory decisions.

Recently, we have taken on several appeals and interventions on a fixed fee or other alternative fee arrangement. We are open to such arrangements, including an element of risk-sharing in appropriate cases.

Representative Work

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Insights

Breakfast with Appeal

February 27, 2019

Top 10 cases of 2018

January 24, 2019

What to expect in class action law in 2019

January 24, 2019

Breakfast with Appeal: What you Need to Know About the Administrative Law Trilogy

December 03, 2018

Waking the Giant: Charter Litigation Under the Spectre of the Notwithstanding Clause

October 18, 2018

Media

Jeremy Opolsky on SCC decision: "a win for the regulator"

February 01, 2019

Upstream companies will be harder to finance after important SCC decision

February 01, 2019

Jeremy Opolsky says SCC decision extends beyond oil and gas

February 01, 2019

SCC decision could leave taxpayers paying to clean abandoned oil wells

January 30, 2019

David Outerbridge says "Iggillis is the broadest statement of common interest privilege yet"

January 28, 2019
Primary Contacts
Toronto
Andrew Bernstein Partner
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Related Expertise

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  • Corporate Restructuring and Advisory
  • Indigenous
  • Intellectual Property
  • Regulatory
  • Tax

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  • People
  • Expertise
    • Services
      • Banking and Debt Finance
      • Board Advisory and Governance
      • Capital Markets
      • Competition and Foreign Investment Review
      • Consumer Protection
      • Corporate Restructuring and Advisory
      • Environmental
      • Indigenous
      • Intellectual Property
      • Litigation and Dispute Resolution
      • Mergers and Acquisitions
      • Pensions and Employment
      • Private Client Services
      • Private Equity
      • Projects
      • Regulatory
      • Tax
      • Technology Contracting
    • Industries
      • Agribusiness
      • Cannabis
      • Financial Services
      • Government
      • Industrial and Manufacturing
      • Infrastructure
      • Life Sciences
      • Media and Communications
      • Mining and Metals
      • Oil and Gas
      • Power
      • Real Estate
      • Retail and Consumer Products
      • Technology
    • Regions
      • Torys Global
      • Asia Pacific
      • Canada and the United States
      • Northern Canada
      • Europe and the United Kingdom
      • Latin America
      • Middle East and Africa
    • Explore Our Work
  • Insights
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    • Publications
    • Events
    • UniversiTorys
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      • Transaction Tips
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    • Student Program
    • Lawyers
    • Law Clerks and Paralegals
    • Firm Administration
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