Appellate Litigation

judge2In Ontario, most appeals are heard by the Ontario Court of Appeal or the Divisional Court.  Appeals address whether there was a legal mistake made when the lower court decided the case, and are not a rehearing of the case as a whole.  As a result, they often involve a number of complex and technical issues.

At Wiffen Litigation, we have appeared before the Court of Appeal and Divisional Court on a number of cases, on issues ranging from procedural motions to multi-day hearings where novel issues of law are being decided. 

In addition to acting in appeals directly, other lawyers in Ontario have retained us as their local agent to deal with the technical issues involved in bringing an appeal to a hearing.  Mark Wiffen also acts as amicus curiae to the Court of Appeal as part of Pro Bono Law Ontario's amicus duty counsel project.  As amicus, Mark appears on motions involving self represented litigants, in order to assist the court by raising potential issues that the self-represented litigant may not be aware of, or may have overlooked.

Reported Appellate Cases

Toronto and Region Conservation Authority v. Gadzala (2006), 266 D.L.R. (4th) 52 - Acted for the City of Toronto in a Divisional Court appeal of a multi-million dollar expropriation award

HC Matcon Inc. v. Aspden Developments Inc., 2009 ONCA 695 - Acted for Respondents at the Court of Appeal regarding application of Bankruptcy and Insolvency Act provisions to breach of trust claim under the Construction Lien Act

City of Guelph v. Super Blue Box Recycling, 2009 ONCA 481 - Acted for Appellants at the Court of Appeal in appeal of a lengthy trial on contractual issues

Dancap Productions Inc. v. Key Brand Entertainment, Inc., 2009 ONCA 135 - Acted on behalf of Ed Mirvish Enterprises Inc. on an appeal regarding sale of Canon and Panasonic Theatres

Pandher v. Ontario Khalsa Darbar, 2010 ONCA 273 - Acted on behalf of directors of not-for-profit corporation in appeal of $213,380.64 costs award

The 94th Avenue Beauty Salon v. Neglia et al, 2010 ONSC 653 - Appeared in opposition to a motion for leave to appeal the discharge of an Anton Piller order

Shawmut Woodworking & Supply Inc. v. Soheil Mosun Limited, 2012 ONSC 1680 - Responded to an appeal of an award of substantial indemnity costs by a Master