Our Approach

Our Winning Approach to Appeals for First Nations

While trials (and similar trial-court procedures) are ultimately almost all about the facts, appeals are almost all about the law. Appeals don’t represent another rehearing of a trial court case just because a party doesn’t like the result. Rather, to win an appeal, you need to identify an error of law in the trial court’s decision or a fundamental error in procedural fairness or natural justice.

Occasionally, an error of mixed fact and law might lead to a successful appeal, but much of this might be driven by a true “misapprehension of the evidence” by the trial judge. It’s not possible to appeal solely errors of facts unless they rise to the level of palpable and overriding errors, and are likely to have affected the result in the case.

Top 2 Manitoba & Ontario Civil Appeal Priorities to Understand

The Firm’s top two priorities when any potential appeal client contacts us are determining (1) in which court your appeal should proceed and (2) how long you have to serve and file your appeal. The answers to these questions aren't always obvious and are at least as important as developing strong grounds of appeal. 

In Ontario, Small Claims Court appeals usually go to a single judge of the Superior Court of Justice (sitting as the Divisional Court), Superior Court appeals usually proceed to the Court of Appeal (or sometimes to a three-judge panel of the Divisional Court, particularly if an interlocutory (temporary) order is involved, where usually “leave” (permission) to appeal will be required), and Ontario Court of Appeal decisions can be challenged through seeking leave to appeal to the Supreme Court of Canada.

In Manitoba, Small Claims heard by the Court Officer proceed to the Manitoba Court of King’s Bench on appeal, however a Small Claim heard by a Superior Court judge can only be appealed to the Court of Appeal and only if leave to appeal is granted. Court of King’s Bench non-small claims court final decisions can usually be appealed to the Manitoba Court of Appeal, however, interlocutory (temporary) decisions require leave (permission) to appeal, and legislation could otherwise restrict appeal rights.

Appeal filing deadlines may be very short. It’s far preferable to serve and file an imperfect Notice of Appeal or Application for Leave to Appeal on time, than to perfect a Notice that is late. Usually, if you miss the filing limitation period on an appeal, you are out of luck.