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Appeals

An appeal involves convincing a higher court that a judge has made a decision that is wrong. An appeal requires becoming thoroughly familiar with the case, preparing a carefully crafted written argument, and a making a persuasive oral presentation.

Megan Ellis KC has more than 30 years of experience advancing and defending clients’ interests on appeals in both the BC Court of Appeal and the Supreme Court of Canada.

She has acted in appeals in a broad range of cases including:

  • the validity of family law agreements such as separation agreements and prenuptial agreements;
  • the payment of ongoing spousal support from a retired judge’s pension income;
  • child support obligations of high-income parents in shared custody;
  • the protection of a victim’s privacy in relation to her personal journals;
  • quantifying the interest of a spouse in the family home situated on a First Nations’ reserve;
  • variation of support orders;
  • defending a ban on the publication of the identities of victims and witnesses;
  • establishing government liability for sexual abuse by the operator of a facility for juvenile boys;
  • the application of the legal principle that where one or more wrongful acts contribute to an injury, each of the actors is responsible to the victim for all of the damage that flows from the injury, in the context of a sexual abuse claim; and
  • acting for an intervenor on the question of who has standing to bring a lawsuit seeking a declaration on a constitutional issue.

Appeals are subject to strict limitation periods and procedural requirements that affect rights. Someone intending to challenge a court decision, or who receives notice that a decision in their favour is being challenged, should seek legal advice immediately.

Megan Ellis KC will explain the appeal process and provide a candid opinion on the prospect of success. Where a client decides to go forward with an appeal, or to defend against the other party’s appeal, she will prepare the case thoroughly and advance strong and insightful arguments to support her client’s position.