Mastering Modern Appellate Advocacy: Adapting to a Changing Court of Appeal
Recent years have brought many changes to the Court of Appeal. Born out of necessity, many of these changes have been permanently adopted by the court. There are also new faces on the bench, making it an almost completely different court from just 15 years ago. In other words, it is no longer your mentor’s Court of Appeal, and the old way of doing things may no longer apply. An appeal is not a second kick at the can and is not the time to reargue the trial. It’s a different form of advocacy, and lawyers need to know and understand the essential tips for success.
Join our panel of experts, including the Honourable Justice David Brown, for a lively discussion on what has changed and practical advice for preparing the case and your argument using the skills and tools of modern appellate advocacy.
Topics of discussion include:
How is appellate advocacy different from motions or trial advocacy?
What material practices have changed in appellate advocacy?
Looking forward – where are we going?
Whether you are an experienced appellate lawyer or have never appeared before the Court of Appeal, this program is for you. When you next appear before the Court of Appeal, you will be better prepared, more confident, and primed for success!
Toronto Lawyers Association
For more than 135 years, the Toronto Lawyers' Association, located within the Courthouse Library, has represented the interests of lawyers practising in the City of Toronto. The association was founded to support its members in three key areas: Knowledge, Advocacy, and Community. To uphold these pillars, the association offers a year-round mix of online and in-person education programs for lawyers, hosts both free and paid events to foster in-person networking, and submits advocacy pieces on behalf of its members to the Ontario bench and bar, all levels of government, and the broader public.
The Court of Appeal for Ontario
Justice David Brown was appointed to the Court of Appeal for Ontario in December 2014, after sitting as a judge of the Superior Court of Justice of Ontario in the Toronto Region since September 2006, including several years on the Toronto Region Commercial List. Immediately prior to his appointment to the Court of Appeal, Justice Brown was serving as the President of the Ontario Superior Court Judges’ Association. Before his appointment to the bench, he was a partner with Stikeman Elliott LLP (Toronto) in its Litigation and Energy Groups. He served as an Adjunct Professor of Law at Osgoode Hall Law School teaching Energy Law from 2004 until 2006, and a sessional lecturer at Queen’s University Law School from 1990 to 2002 teaching Trial Advocacy. Justice Brown writes on a number of legal topics, including civil procedure reform and Newfoundland legal history. Justice Brown earned his B.A. (Hons.), University of Toronto, 1976; Certificate, Beijing Languages Institute, 1977; Diploma, Nanjing University, 1978; J.D., University of Toronto, 1981; LL.M., Osgoode Hall Law School, 2005; called to the Ontario Bar, 1983.
Litigation and Dispute Resolution Lawyer at Lerners LLP
A general litigation lawyer with a particular strength in legal research and appellate advocacy. Assist clients in a number of practice areas, including: commercial litigation and dispute resolution, appellate advocacy, class actions, health law, insurance law, labor and employment, and environmental law. He runs the practice with a purpose focused on public interest advocacy and environmental litigation, which straddles his current practice areas and includes legal opinion work, administrative and regulatory advice, and defense of prosecutions under the Provincial Offenses Act and environmental legislation.
Partner & Practice Group Leader at Lerners LLP
Jennifer is the Practice Group Leader for the Insurance Law Group at Lerners LLP in Toronto, and her expertise includes the defense of claims in the following areas: municipal and public entity liability; cyber and privacy breaches; E&O liability; general and commercial liability; motor vehicle; personal injury; property damage; and occupiers' liability. She also has particular expertise in the area of professional liability and has acted on behalf of professionals, including police officers, lawyers, physicians, and other health professionals, to defend claims involving allegations of professional liability, negligent investigation, malicious prosecution, excessive force, and defamation. She has also appeared as counsel on disciplinary matters and acts as independent legal counsel to regulatory bodies. She also advises professionals with respect to matters of privacy law and cyber security. During the COVID-19 pandemic, she provided advice to health professionals and organizations regarding public health and regulatory compliance. She has been recognized by Best Lawyers in Canada for her expertise in Professional Malpractice, Health Care Law, and Medical Negligence; was recognized in the 2021 edition of the Canadian Legal Lexpert Directory as "One to Watch" in Litigation - Commercial Insurance; and is a recipient of the Lexpert Rising Stars award.
