Court of Appeal for Ontario
Appeals of final orders of the Superior Court of Justice, for both appellants and respondents, across civil, personal injury, medical negligence and insurance matters.
Toronto · Huntsville · Bowmanville
Toronto · Huntsville · Bowmanville
Practice Areas · Appellate Advocacy
The Practice
Trial verdicts boldly proclaim "It's over!" Appeals whisper "Not quite." Chris Morrison, Partner and Head of Appellate Advocacy
A trial judgment can feel final, but it often is not. An error in law, a misapplied standard, a ruling that does not survive scrutiny: any of these can change the outcome on appeal, and the stakes can be higher than they were at trial. Appellate advocacy is the discipline of finding, framing and arguing those points, and of defending a hard-won judgment against the same attack.
The appellate group is led by partner Chris Morrison, with Kathleen Lefebvre supporting. Chris has more than sixty reported decisions and has argued appeals at every level, including the Supreme Court of Canada, with results that have become part of the established law of tort liability and insurance.
We act on both sides of an appeal, for appellants and for respondents, and we draw on the firm's depth in medical negligence, personal injury and insurance to understand the trial record an appeal turns on. We also take appeals referred by other lawyers, and we run every appeal in-house.
Why Appeals Are Different
The most important thing to understand about an appeal is what it is not. It is not a chance to run the case again, call new evidence, or persuade a fresh judge to prefer your version of the facts. An appeal is argued on the record made at trial and, for the most part, on questions of law. That makes it a distinct craft, with its own rules, its own rhythm and its own skill set.
An appeal is decided on the evidence already in the record. The work is not gathering new facts; it is mastering the record that exists and showing what the court below did with it.
Appeals succeed on identifiable error, not on disagreement with the result. Questions of law are reviewed for correctness, while findings of fact attract deference and are disturbed only for palpable and overriding error.
Appeals are won and lost in writing. A clear, disciplined factum that frames the issues and the standard of review is the single most important document, and it is where the most careful work goes.
The time to appeal is short and strict, and some appeals require leave. A decision about whether and how to appeal often has to be made quickly, which is why early advice matters.
Who We Act For
Our appellate work serves two groups. The first is parties to an appeal: a client who has won a judgment and needs it defended as respondent, or one who has lost and wants the decision challenged. In both cases the clock is running from the moment the decision is released.
The second is lawyers. Appellate advocacy is a discipline of its own, and many capable trial lawyers do not run appeals themselves. We are regularly retained by plaintiff and defence counsel as appellate counsel, to argue the appeal or to act as co-counsel on the brief, including on judicial review of tribunal decisions. We are equally comfortable as lead or as support on another lawyer's file, and we keep the work in-house from the merits assessment through to oral argument.
Appellate Services
From the first assessment of a decision to argument before the highest courts, our work covers the full arc of an appeal. The matters we handle include the following.
Appeals of final orders of the Superior Court of Justice, for both appellants and respondents, across civil, personal injury, medical negligence and insurance matters.
Appeals that lie to the Divisional Court, including many interlocutory orders, certain final orders and statutory appeals.
Judicial review of decisions of administrative tribunals and other decision-makers, where the right path is review rather than appeal.
Seeking and opposing leave, including leave to appeal interlocutory orders and costs orders, where leave is the gateway to the appeal.
Applications for leave to appeal and appeals to the Supreme Court of Canada, including matters of national importance in tort and insurance.
A candid written assessment of whether an appeal is worth bringing or defending, and on what grounds, before the cost is committed.
Acting as appellate counsel for plaintiff and defence lawyers who want appellate strength on the brief without giving up the file.
Motions for a stay pending appeal and related interim relief, to preserve the position while the appeal is decided.
Working alongside trial counsel to protect the record and frame issues with the appeal in mind, before any appeal is needed.
From The Court of Appeal
Appellate work is measured in reported decisions. A few recent matters from the practice, with the firm's write-up of each, are below.
The Court of Appeal upheld a jury award in a TTC bus collision case. Read the result.
The Court of Appeal upheld a substantial costs award following a jury trial in Pye v Di Trapani. Read the result.
In Shaw Estate v Handler, the Court of Appeal dismissed a physician's appeal of a judgment relating to the death of a young mother. Read the result.
The year opened with a Court of Appeal decision released in the firm's favour. Read the result.
From Decision to Disposition
Every appeal is different, but the work tends to follow the same path. Because the deadlines are short, the early steps matter most.
We start with a hard look at the decision and the record, and give you a candid view of the prospects and the realistic outcomes before any cost is committed.
We identify the correct route and court, calculate the deadlines, and take the steps needed to preserve the appeal, including any leave requirement or stay.
We work the trial record closely, because on appeal the record is the evidence, and the detail in it is where appeals are won.
We frame the issues and the standard of review in a disciplined written argument. This is the centre of gravity of any appeal.
We present the oral argument: the chance to meet the panel's questions directly and to carry the written case home.
Whatever the result, we advise on the next step, whether that is a further appeal, a leave application to a higher court, or enforcement.
Engagement
An appeal usually begins with a hard look at the merits. We give you a candid assessment of the prospects and the realistic outcomes before you commit to the cost of an appeal. From there, appellate work lends itself to defined scope and budgeting, because the record, the factum and the oral argument are discrete, plannable stages. We also act as co-counsel with trial lawyers who want appellate strength on the brief without giving up the file.
We act from offices in Toronto, Huntsville and Bowmanville, and appear in the appellate courts and tribunals of Ontario and in the Supreme Court of Canada.
The Group
Appeals are argued by senior counsel who have been before the highest courts, supported by a litigator with a strong command of the trial records appeals turn on.
Trial verdicts boldly proclaim "It's over!" Appeals whisper "Not quite."
Chris leads the firm's appellate practice and has built a 25-year career in appeals and civil litigation. He has argued multi-million-dollar civil appeals, including the largest award of general damages for wrongful death in Canadian history, and has more than sixty reported decisions, many of which have become part of the established law of tort liability and insurance. He appears in the Court of Appeal for Ontario and the Supreme Court of Canada, and is retained by other lawyers as appellate counsel on their files.
Full profileMy approach is grounded in delivering practical, effective solutions that get results.
Kathleen supports the appellate practice and appears regularly before the Court of Appeal for Ontario as well as the Superior Court of Justice. Her litigation and coverage background, across property and casualty, occupiers' liability, motor vehicle, product liability and construction claims, gives her a strong command of the kinds of records that come up on appeal. She holds her law degree from Queen's University and was called to the Ontario bar in 2021.
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Questions About Appeals
The deadlines are short and strict, often as little as 30 days from the order, and they vary by the type of order and the court. Some appeals also require leave. Because a missed deadline can end an appeal before it starts, it is best to get advice immediately after the decision is released.
Yes. We are regularly retained by plaintiff and defence lawyers as appellate counsel, either to argue the appeal or to act as co-counsel on the brief. We run all of our appeals in-house.
Yes. Most appeals begin with a candid merits assessment. An appeal is not a retrial; it succeeds on identifiable legal error, not on disagreement with the result, and we will tell you frankly how the prospects look before you spend on it.
An appeal challenges a decision of a court for error. Judicial review asks the Divisional Court to set aside a decision of an administrative tribunal or other decision-maker. The route matters: bringing the wrong one can be fatal to the proceeding, and we identify the correct path at the outset.
The Court of Appeal for Ontario and the Divisional Court, on appeals and on judicial review, and the Supreme Court of Canada on leave applications and appeals.
Both. We appeal adverse judgments and we defend judgments on appeal, across personal injury, medical negligence and insurance matters.
They can, but appellate advocacy is a distinct discipline built on the closed trial record, the standard of review and the written factum. Many trial counsel bring in dedicated appellate counsel for exactly that reason, and we are often that counsel.
Quickly. Given the deadlines, we can assess the decision, advise on the route and the merits, and take the steps needed to protect the right to appeal without delay.
Talk To Our Appellate Group
Whether you have won a judgment you need to defend, lost one you want to challenge, or you are counsel who needs appellate strength on the brief, the appellate group at Davidson Cahill Morrison LLP can help. The deadlines are short, so the time to ask is now.
Davidson Cahill Morrison LLP · 220 Bay Street, Suite 1400, Toronto · dcmlaw.ca