When Appellate Advocacy Goes Awry | CPDonline.ca

When Appellate Advocacy Goes Awry

When Appellate Advocacy Goes Awry

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CPD Accredited Credits
Professionalism: 1.0
Joe Di Luca
Dennis O’Connor, QC
Paul Pape
Toronto Lawyers Association (TLA)
1 hour
$99.00 plus tax
5th Annual Current Topics in Ethics & Professionalism

Losing a motion or trial is not easy. You have spent countless hours and sleepless nights building your client’s case, and then in one document, it is all over. A recent decision of the Québec Court of Appeal (Dunkin’ Brands Canada Ltd. Bertico Inc., 2015 QCCA 624 (CanLII)) has highlighted the need to be careful in how counsel approach and argue an appeal.  This program will give you the tools you need to advocate fearlessly on behalf of your clients in the Court of Appeal while meeting ethical obligations and upholding respect for the administration of justice.

Ethical Advocacy

  • Full disclosure obligations in the context of appellate submissions - Paul Pape, Joe DiLuca and Dennis O’Connor (10 mins on ethical obligations that differ from trial/lower court appearances and the fact that the Court of Appeal does not always have the full record to consider; how to decide what to include and what not to include without engaging in sharp practice)
  • Dealing with recent legal developments both prior to, and following, the appeal- Paul Pape, Joe DiLuca and Dennis O’Connor (10 mins on the ethics of keeping the appellate court apprised of new legal developments. What happens when you don’t reference a new case that adversely impacts your client? What happens when the Court is aware of the case and you are too but don’t mention it? Examples will be provided.)
  • Dealing with developments on the record between the trial and appeal - Paul Pape, Joe DiLuca and Dennis O’Connor (10 mins on what happens when new developments in the matter arise: what are the obligations to raise them to the appellate court and how; how to advise clients when the development is not in their favour; what ethical issues are involved in bringing a motion to introduce fresh evidence ie. is it really new, or did you just forget?)
  • Dealing with improper strategic decisions or incompetence on the part of trial counsel - Paul Pape, Joe DiLuca and Dennis O’Connor (10 mins on dealing with sharp practice on the other side and what to do and when to involve the appellate court; what to do when there is incompetence on the other side and how to maintain respect and courtesy; examples on how to do so)
  • Raising new issues and arguments on appeal – Paul Pape, Joe DiLuca and Dennis O’Connor (10 mins on ethical issues that arise when new issues and arguments are introduced at the appellate court, and strategies for doing so that will not inhibit your ability to effectively represent your client)


Joe Di Luca

The Honourable Dennis O’Connor, QC

The Honourable Dennis O’Connor, OC, QC, is senior counsel in the Toronto office of Borden Ladner Gervais LLP. He sat on the Court of Appeal for Ontario from 1998 to 2012. He served as the Associate Chief Justice of Ontario from 2001 until he retired at the end of 2012. He also served as a deputy judge of the Yukon Supreme Court. While on the bench he wrote numerous reported judgments dealing with a wide variety of issues including commercial, securities and insurance law. He also conducted two successful public inquiries: the Walkerton Inquiry (2000-02) and the Maher Arar Inquiry (2004-06).

For the 18 years before his appointment to the Court of Appeal, Dennis was a senior counsel with the law firm of Borden & Elliot (a predecessor firm of Borden Ladner Gervais). His practice focused on commercial and public law litigation. He appeared as lead counsel on many major cases in Ontario and elsewhere in Canada during that time.

Paul Pape

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