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Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition

This authoritative treatise on appellate practice has been in print since 1993, and is a reference source frequently used by civil litigation lawyers and cited by appellate judges across Canada. First authored by former Supreme Court of Canada Justice John Sopinka and veteran litigator Mark Gelowitz; this edition adds co-author W. David Rankin.
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Publisher: LexisNexis Canada
Publication Language: English
Book
$255.00
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Hardcover | 528 pages

Published:
ISBN/ISSN: 9780433494959
Publisher: LexisNexis Canada

Product description

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.

Features

  • 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.
 

Featured Authors

The late Honourable John Sopinka
Mark Gelowitz
W. David Rankin

The late Honourable John Sopinka

The late Honourable John Sopinka, was Canada's most prominent and skilled litigator when he was appointed directly from the bar to the Supreme Court of Canada in 1988. In a distinguished and high-profile career as a litigator, his most notable briefs included his role as counsel to the Estey Commission on the failure of the Canadian Commercial and Northland banks; his representation of nurse Susan Nelles when she sued the government of Ontario and the Toronto police for malicious prosecution; and his work as counsel for former federal cabinet minister Sinclair Stevens at the William Parker Inquiry into conflict of interest allegations. Justice Sopinka served with great distinction on the Supreme Court for nine years, until his untimely passing in 1997. Justice Sopinka left an important legal legacy in his judgments on the court, and his books The Trial of an Action, 3rd Edition (J. Kenneth McEwan, LexisNexis 2016); Sopinka, Lederman & Bryant - The Law of Evidence in Canada, 5th Edition (Hon. Sidney N. Lederman, Hon. Alan W. Bryant & Hon. Justice Michelle Fuerst, LexisNexis 2018); and Sopinka and Gelowitz on the Conduct of an Appeal, Fourth Edition (Sopinka, Gelowitz & Rankin, LexisNexis 2018).

View all books by The late Honourable John Sopinka (1)

Mark Gelowitz

Mark Gelowitz, B.A., LL.B., B.C.L., is a senior partner at Osler, Hoskin & Harcourt LLP. Mark has a business-focused civil and securities litigation, appellate and international commercial arbitration practice. He has regularly appeared before the Supreme Court of Canada and the Courts of Appeal across the country. Mark's international arbitration practice includes major arbitrations conducted in London, Rome, Geneva, Tokyo and Warsaw. Mark completed two appellate judicial clerkships, the first with the late Chief Justice E.D. Bayda of the Saskatchewan Court of Appeal in 1986 and the second with the late Justice John Sopinka of the Supreme Court of Canada in 1989-90. He completed the B.C.L. degree at Oxford University in 1989, between his clerking experiences. Mark has had a number of legal publications including a book co-authored with the late Justice Sopinka, and W. David Rankin entitled Sopinka and Gelowitz on the Conduct of an Appeal, Fourth Edition (LexisNexis 2018).

View all books by Mark Gelowitz (1)

W. David Rankin

W. David Rankin, B.B.A.H., J.D. (Hons.), carries on a general commercial litigation practice at Osler, Hoskin & Harcourt LLP, which includes appellate litigation, administrative and constitutional litigation, class actions, and other general civil litigation. David has appeared as counsel before the Supreme Court of Canada and a number of provincial appellate courts. David served as a law clerk to The Honourable Mr. Justice Morris J. Fish of the Supreme Court of Canada. He received his Juris Doctor from the University of Toronto, where he graduated with the W.P.M. Kennedy Silver Medal. David is a new co-author with the late Justice Sopinka and Mark Gelowitz of Sopinka and Gelowitz on the Conduct of an Appeal, Fourth Edition (LexisNexis 2018).

View all books by W. David Rankin (1)

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.
 

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