Have you lost a case in the British Columbia Supreme Court? Consider an appeal.
Having clerked for both the current and former Chief Justices of British Columbia at the British Columbia Court of Appeal, Graeme maintains a broad appeals practice. He has appeared before the Court in civil appeals, family appeals, and criminal appeals, and has even appeared in rare five-justice sittings of the Court. He has also successfully worked to dismiss appeals pre-emptively, saving clients the costs of defending against a meritless appeal.
If you are considering an appeal, and want more information on the appeal process, contact us.
Acting as counsel for the Appellants, Graeme successfully overturned a $230,000 order for occupational rent. The Court of Appeal issued lengthy reasons on the law of illegality in contract enforcement, including the application of the modern approach to illegality. The Court held that the lump sum order for occupational rent was inappropriate where the party ordered to pay had been making mortgage payments.
Acting for the Appellants, Graeme successfully obtained a stay of a trial order pending resolution of the appeal, preventing $270,000.00 from being paid out to the Respondents before the appeal was decided.
Acting as counsel for the accused, Graeme presented arguments on the interpretation of distracted driving laws. Graeme obtained an order for retrial instead of conviction, which the Crown subsequently stayed resulting in Graeme's client avoiding a conviction. Graeme was interviewed about the case on Global News.
Acting as lead counsel for the Appellant, Graeme successfully reduced an order in knowing receipt by over $100,000 and obtained confirmation that a beneficial owner’s interest in an asset is protected from a declaration under the Fraudulent Conveyance Act. The case concerned the degree to which a husband could be held liable for a decade long fraud perpetrated by his wife who had passed away before trial. Featured on CBC News, CTV News, and the Toronto Star.
Acting for the Respondent, Graeme successfully obtained an order dismissing the appeal. The case established that parties are not entitled to the costs of time spent in trying to settle a bill of costs before a registrar in family matters, given the different wording of the Supreme Court Family Rules as compared to the Supreme Court Civil Rules. The case is now cited in CLE-BC's Family Law Sourcebook.
Acting as counsel for a Respondent on the costs issues only, Graeme successfully opposed an order for special costs against either the Respondent or her former counsel. The case was featured on Global News.
Acting for the Appellant on a family law appeal, Graeme successfully overturned a reduction in special costs, and dismissed a cross-appeal as having not been properly brought. The case changed an 80 year old statement of the law on when a judge may re-open a case, and was featured in the Lawyer’s Daily.
Acting for the Respondent, we successfully dismissed an appeal on an adoption order, appearing as co-counsel before five justices of the Court of Appeal. We also successfully opposed leave to Supreme Court of Canada. The case concerned the role of aboriginal ancestry under the assessment of the best interest of the child in the Adoption Act. Featured in the Lawyer’s Daily, the Globe and Mail, and CBC.
Acting for the respondent, Graeme successfully obtained over $240,000 in security for costs against an appellant. Graeme was able to subsequently have the appeal dismissed when the appellant failed to comply with the order. Featured on Martindale.
