Appellate Litigation

At McCarthy Tétrault, we regard appellate advocacy as a discipline unlike any other.

It necessitates a meticulous review of the evidentiary record in the court below. It requires in-depth legal research and policy analysis across multiple jurisdictions. It demands that advocates simplify complex principles, and attune them to particular courts and judges. Above all, it calls for highly persuasive written and oral advocacy.

McCarthy Tétrault's National Appellate Litigation Group offers a comprehensive range of services, including:

  • acting for appellants and respondents in appeals, references and judicial reviews, including where we did not act as counsel in the proceedings below;
  • acting for interveners in proceedings before appellate courts;
  • acting for applicants and respondents in procedural matters, such as leave to appeal applications;
  • arguing complex motions and preserving appeal rights at court of first instance;
  • assessing the viability of potential appeals;
  • assisting other lawyers and law firms in the preparation of appeals; and
  • offering opinions on complex legal issues.

The National Appellate Litigation Group has over 40 members seamlessly integrated across Canada, with offices in major commercial centres including Vancouver, Calgary, Toronto, and Montréal. The Group draws upon the experience of over 60 McCarthy Tétrault lawyers who have served as judicial clerks, including 19 in the Supreme Court of Canada, and 26 in the Courts of Appeal for Alberta, British Columbia, Ontario and Québec. The practitioners in the Group also have access to advice from former justices.

McCarthy Tétrault’s active lawyers have argued nearly 1,300 appellate cases in nine out of ten provinces and one territory. These include 128 cases in the Supreme Court of Canada, 22 of which were decided in 2014-2016 alone. We have represented clients throughout the country in a diverse range of industries, appearing in some of the most high-profile, precedent-setting cases in Canadian legal history.

Volume of Appeals Across Canada - Current to January, 2018

SCC infographic - Supreme Court of Canada - 120 appeals
FCA infographic - Federal Court of Appeal - 110 appeals
ABCA infographic - Alberta Court of Appeal - 46 appeals
BCCA infographic - British Columbia Court of Appeal - 119 appeals
NBCA infographic - New Brunswick Court of Appeal - 1 appeal
NLCA infographic - Newfoundland Court of Appeal - 0 appeal
NSCA infographic - Nova Scotia Court of Appeal - 1 appeal
ONCA infographic - Ontario Court of Appeal - 396 appeals
ONSC infographic - Ontario Court of Appeal - 126 appeals
QCCA infographic - Québec Court of Appeal - 278 appeals
SKCA infographic - Saskatchewan Court of Appeal - 1 appeal
YKCA infographic - Yukon Court of Appeal - 2 appeals

For a list of appeals for all the regions above, please click here.

Our appellate lawyers have represented numerous clients, including corporations, financial institutions, trade groups, non-profit associations and professionals. We have appeared in some of the most high-profile, precedent-setting cases in Canadian legal history, spanning many industries and legal fields, including: aboriginal; administrative; bankruptcy and debt; Charter of Rights; communications; competition; constitutional; construction and real estate; corporate; criminal; energy; financial services; health; insurance; intellectual property; labour and employment; manufacturing; media; procedure; professions; tax; torts; and transportation law.

For a list of significant SCC Appeals, please click here.

We often work in conjunction with other practice groups to create integrated client service teams to support your unique needs. These teams help us focus our efforts on you, without emphasis placed on geographic considerations. Members of the Group include both junior and senior litigators, enabling us to offer cost-effective legal services tailored to your needs.