If you have lost any decision at first instance, you may be able to file an appeal. An appeal is usually not a new trial. It is a review of the lower decision.
To be successful on appeal, you must typically show a reviewable error of law or an egregious error of fact that affected the outcome of the decision. If you succeed, the appellate body may reverse or vary the lower decision or order a new trial or hearing.
There are a variety of appeals available to people who lose decisions in front of judges or other decision-makers in Alberta. The appeals available may differ depending on the type of case and who the first decision-maker was. Often, the availability and rules for those appeals vary according to different legislation.
In most cases, the two ultimate appeals are to the Court of Appeal of Alberta and then, with permission, to the Supreme Court of Canada. Any time you receive a negative decision, order, or judgment, you should immediately begin considering whether to appeal. The right to appeal is usually limited to a very strict and short timeframe, and you may need to act quickly in order to preserve your rights of appeal.
Our lawyers have practiced in a wide variety of appellate matters, ranging from Medical Malpractice to general Civil Litigation and Administrative Law. We act for both Appellants and Respondents. Our appellate work includes appeals of trial decisions, appeals from decisions of administrative tribunals, and applications for leave to appeal. We have represented our clients in appeals before all levels of Court in Alberta, as well as before a number of administrative tribunals, and in applications for leave to appeal to the Supreme Court of Canada. If you have been subject to an adverse decision and you want to learn more about your rights to appeal, contact one of our appellate lawyers.
In light of the coronavirus (COVID-19) pandemic, effective March 23, 2020, the majority of our lawyers and employees will be working remotely. All lawyers and employees have the ability to work remotely with access to electronic mail, telephone systems and electronic files. We remain dedicated and committed to helping our clients and providing a high level of legal services.
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