Appellate Practice

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:

• Cole v. The Law Society of British Columbia, 2023 BCCA 199 (professional regulation)
• Este v. West Vancouver (District), 2022 BCCA 445 (judicial review, municipal bylaws)
• A Lawyer v. The Law Society of British Columbia, 2021 BCCA 437 (professional regulation and solicitor-client privilege)
• Party A v. British Columbia (Securities Commission), 2021 BCCA 358 (securities regulation, freeze orders)
• Oswald v. Start Up SRL, 2021 BCCA 352 (formation of commercial contracts)
• Owners, Strata Plan LMS 3905 v Crystal Square Parking Corp., 2020 SCC 29 (formation of commercial contracts; pre-incorporation contracts)
• Oei v. Hui, 2020 BCCA 214 (tortious abuse of process)
• Este v. Esteghamat-Ardakani, 2020 BCCA 202 (mandatory injunctions)
• 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)
• Este v. Esteghamat-Ardakani, 2018 BCCA 290 (abuse of process)
• Pan Afric Holdings Ltd. v. Athabasca Holdings Ltd., 2018 BCCA 257 (abuse of process)
• Kriegman v. Dill, 2018 BCCA 86 (enforcement of foreign judgments)
• The Law Society of British Columbia v. Sas, 2016 BCCA 341 (professional regulation)
• Sun-Rype Products Limited v. Archer Daniels Midland Company, 2013 SCC 58 (competition law and class actions)
• 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)
• Coal Harbour Properties Partnership v. Liu, 2004 BCCA 283 (partnership)
• Peel Financial Holdings Ltd. v. Western Delta Lands Partnership, 2003 BCCA 180 (jurisdiction)
• Rossmo v. Vancouver Police Board, 2003 BCCA 677 (wrongful dismissal)
• 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. Four 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. Several of our lawyers teach the UBC Law School advocacy course and in CLE’s annual advocacy workshop.