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Login to watch this video if you have a subscription. Learn more about subscriptions.Recent years have brought many changes to the Court of Appeal. Borne out of necessity, many of these changes have been permanently adopted by the Court. There are also new faces on the bench, with 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?
o How to focus on what you are trying to overturn and why.
o How to make best use of a panel that is well prepared.
o When and how should you give opportunities to juniors.
o Narrowing issues and reaching agreements with opposing counsel.
- What material practices have changed in appellate advocacy?
o New developments: oral compendiums, outlines/summaries of oral
arguments, virtual hearings, page and word counts.
o How to be effective as counsel for an intervener.
- Looking forward – where are we going?
o A wish list for the revamped Rules of Civil Procedure.
o Advice for counsel using the new tools of advocacy.
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!
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., 1981, University of Toronto; L.L.M., Osgoode Hall Law School, 2005; called to the Ontario Bar, 1983.
Jennifer is the Practice Group Leader for the Insurance Law Group at Lerners LLP in Toronto and her expertise includes the defence 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 occupier’s liability. She also has particular expertise in the area of professional liability and has acted on behalf of professionals, including police officers, lawyers, physicians, an 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, 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.
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