Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition
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This authoritative treatise on appellate practice has been in print since 1993 and is a reference source frequently used by civil litigation lawyers across Canada. The book has been cited with approval by judges in almost all of Canada's appellate courts, including the Supreme Court of Canada. First authored by former Supreme Court of Canada Justice John Sopinka and veteran litigator Mark Gelowitz, this Fourth Edition adds co-author W. David Rankin. Ideal for both novice and seasoned litigators, this book helps practitioners avoid costly procedural errors when launching an appeal, and gives them valuable guidance on the procedural and jurisdictional aspects of preparing and presenting appeals. In addition to providing practical guidance, the authors comment on the evolving landscape of appellate powers and jurisdiction.
- Since the publication of the third edition in 2012, this book updates case law, rules, and practices applicable to appellate courts of all levels
- Covers practices in provincial appellate courts, the Federal Courts, and the Supreme Court of Canada
- Covers both civil and criminal appeals
- Contains a chapter on advocacy
- Contains commentary on developments in appellate practice
Why Lawyers Should Buy This Book
- The most current textbook available on appellate practice in Canada
- Because of its sheer breadth and depth of coverage of appellate practice, this book has no equal among other Canadian law textbooks in the market
- Provides expert discussion on all aspects of appellate law and practice
- Delivers professional guidance on how to prepare a proper record for appeal
- Clarifies grounds for appeal in criminal cases
What's New in this Edition?
- Updated discussion and new criticism of the distinction between final and interlocutory orders, with reference to significant legislative changes in British Columbia
- New section on rights of appeal under legislation such as the Ontario Business Corporations Act and Class Proceedings Act, 1992
- New section on the standard of review on appeals involving contractual interpretation, including detailed analysis of Supreme Court of Canada's decisions in Sattva Capital Corp. v. Creston Moly Corp and Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., and subsequent appellate cases
- New section on appeals from arbitral awards, including detailed analysis of the Supreme Court of Canada's decision in Teal Cedar Products Ltd. v. British Columbia, and other appellate cases
- Updated discussion of appellate jurisdiction and powers in criminal appeals, including to reflect amendments to the Criminal Code
- Updated discussion of criminal appeals alleging that the verdict is unreasonable, including where the verdict depends on circumstantial evidence, referencing Supreme Court of Canada decisions such as R. v. W.H. and R. v. Villaroman
- New section on appeals against sentence in criminal matters, addressing developments in Supreme Court of Canada jurisprudence, including in R. v. Sipos, R. v. Lacasse, and R. v. Pham
- Updated chapters on procedure reflecting significant amendments to the rules of the appellate courts in Ontario, the Federal Courts, and the Supreme Court of Canada
- Updated commentary regarding interventions in the Federal Court of Appeal, referencing Federal Court of Canada decisions including Canada (Citizenship and Immigration) v. Ishaq and Canada (Attorney General) v. Pictou Landing First Nation
Who Should Read This Book
- Litigators – A comprehensive reference source for every major aspect of appellate practice
- Judges – Clarifies complex procedural and jurisdictional issues
- Law libraries – Completes a reference collection on litigation and appellate practice
Visit the author's blog at conductofanappeal.com for recent developments in Canadian appellate law and practice.
Table of contents
PART I: APPEALS IN CIVIL MATTERS
Chapter 1: Appellate Jurisdiction in Civil Matters
Chapter 2: Appellate Powers in Civil Matters
PART II: APPEALS IN CRIMINAL MATTERS
Chapter 3: Appellate Jurisdiction in Criminal Matters
Chapter 4: Appellate Powers in Criminal Matters
PART III: APPELLATE PROCEDURES
Chapter 5: Procedure in Ontario's Appellate Courts
Chapter 6: Procedure in the Federal Court of Canada
Chapter 7: Procedure in the Supreme Court of Canada
Chapter 8: Intervention on Appeal
PART IV: ADVOCACY ON APPEAL
Chapter 9: Preparing for and Presenting the Argument.