Appellate Practice

Deep experience with Canada’s appellate courts makes McEwan Partners counsel of choice for appellate work.

McEwan Partners frequently advocates for its clients on appeal, including at the Supreme Court of Canada and the Court of Appeal for British Columbia.

McEwan Partners offers decades of experience in appeals involving a range of legal subjects.

Some of the appeals successfully argued by our lawyers include:

• Owners, Strata Plan LMS 3905 v Crystal Square Parking Corp., 2020 SCC 29 (formation of commercial contracts; pre-incorporation contracts)
• Sun-Rype Products Limited v. Archer Daniels Midland Company, 2013 SCC 58 (competition law and class actions)
• Oei v. Hui, 2020 BCCA 214 (tortious abuse of process)
• Este v. Esteghamat-Ardakani, 2020 BCCA 202 (mandatory injunctions)
• Smithe Residences Ltd. v. 4 Corners Properties Ltd., 2020 BCCA 227 (parties and limitation periods)
• Ravvin v Canada Bread Company, Limited, 2020 ABCA 424 (class action carriage)
• Yi Teng Investment Inc. v. Keltic (Brighouse) Development Ltd., 2019 BCCA 357 (the nature of a certificate of pending litigation)
• Markin v. Fasken Martineau DuMoulin LLP, 2019 BCCA 275 (breach of trust)
• Pan Afric Holdings Ltd. v. Athabasca Holdings Ltd., 2018 BCCA 257 (abuse of process)
• Kriegman v. Dill, 2018 BCCA 86 (enforcement of foreign judgments)
• Este v. Esteghamat-Ardakani, 2018 BCCA 290 (abuse of process)
• Unla v. United Airlines, Inc., 2017 BCCA 316 (business practices, restitution, and class actions)
• The Law Society of British Columbia v. Sas, 2016 BCCA 341 (professional regulation)
• Icahn Partners LP v. Lions Gate Entertainment Corp., 2011 BCCA 228 (corporate oppression)
• British Columbia v. Imperial Tobacco Canada Limited, 2009 BCCA 540 (duty of care and product liability)
• Aurizon Mines Ltd. v. Northgate Minerals Corporation, 2006 BCCA 340 (take-over bids and securities law)
• City of Parksville v. Chet Construction, 2005 BCCA 603 (constitutional law)
• Coal Harbour Properties Partnership v. Liu, 2004 BCCA 283 (partnership)
• Peel Financial Holdings Ltd. v. Western Delta Lands Partnership, 2003 BCCA 97 (payment of letter of credit)
• Peel Financial Holdings Ltd. v. Western Delta Lands Partnership, 2003 BCCA 180 (jurisdiction)
• Rossmo v. Vancouver Police Board, 2003 BCCA 677 (wrongful dismissal)
• Law Society of British Columbia v. Mangat, [2001] 3 S.C.R. 113 (constitutional law)
• CW Acquisition Inc. v. Cathton Holding Ltd. (1997), 43 B.C.L.R. (3d) 129 (C.A.) (corporate law and shareholder rights).

We are frequently retained to conduct or provide opinions on appeals in cases where we were not counsel at trial. The fresh perspective of experienced appellate counsel, often working in tandem with trial counsel, serves clients well. Seven of the firm’s litigators began their legal careers as judicial law clerks.

Our lawyers regularly share their professional experience and legal knowledge with others. Two are members of the British Columbia roster of the Supreme Court Advocacy Institute. Craig Dennis K.C. has contributed as author and speaker at appellate advocacy courses run by the Continuing Legal Education Society of British Columbia (in 2017 and 2014). Several of our lawyers teach the UBC Law School advocacy course and in CLE’s annual advocacy workshop.