What this practice covers
Drury handles appellate work in Alberta and Ontario, with particular experience in family-law appeals. The firm has worked on matters before the Ontario Court of Appeal, Ontario Divisional Court, Alberta Court of Appeal and Supreme Court of Canada processes. Appellate work is document-intensive and deadline-sensitive, and it benefits from early review of the reasons, order and record.
Appeal viability
Reviewing the decision, record and proposed grounds to determine whether there is an arguable error and a practical reason to pursue an appeal.
Standards of review
Separating questions of law, fact, mixed fact and law, and discretionary decisions because the level of appellate deference affects the argument.
Record and transcript review
Working within the evidentiary record created below and identifying what the court actually had before it.
Written advocacy
Factums, appeal books, compendia and concise legal writing designed around the issues the appellate court must decide.
Oral argument
Preparing for questions from the panel, prioritizing the decisive issues and defending the requested result.
Responding to appeals
Defending a favourable order, preserving alternative grounds and addressing any request to vary the result.
How the dispute is framed
The strongest appellate issues are usually narrow. A long list of complaints can obscure the one error that matters. Early appellate analysis should therefore focus on jurisdiction, deadlines, the standard of review, preservation of issues below, the remedy sought and whether the record supports that remedy.
Alberta and Ontario
Appeal routes and filing deadlines depend on the court, type of order and governing statute. Some decisions require leave before an appeal can proceed. Because appeal periods can be short, a potential appeal should be reviewed promptly after the decision or order is released.
Questions clients often ask
Can new evidence be introduced on appeal?
Usually an appeal proceeds on the existing record. Fresh evidence may be admitted only in limited circumstances under the applicable legal test.
Is every error enough to overturn a decision?
No. The appellant must identify a reviewable error and show why it justifies appellate intervention and the remedy requested.
Do I need the written reasons before getting appeal advice?
Written reasons are often central to the analysis, but where a deadline is approaching, counsel should be contacted immediately rather than waiting.
Can Drury act if another lawyer handled the trial?
Yes. Appellate counsel often enters after the first-instance proceeding. The file, reasons, order, exhibits and transcripts are then reviewed from an appellate perspective.