Our firm has broad expertise in appellate advocacy, having acted as counsel in many appeals and on behalf of interveners, at the Supreme Court of Canada, the Federal Court of Appeal and various provincial appellate courts.
Our lawyers also have considerable experience in applications for leave to appeal to the Supreme Court of Canada, and for applications for leave to intervene in the Supreme Court of Canada and other provincial appellate courts.
In addition, we regularly assist counsel in preparing for and conducting appeals, which can include both factum writing and advice concerning oral advocacy, as well as sessions before experienced appellate counsel and retired judges aimed at replicating the appellate court experience.
Our associate counsel, Michel Bastarache, brings considerable experience to our litigation files, and is particularly active in advising on our appellate work.
A sampling of cases in appellate courts on which our lawyers have served as counsel include:
Sample of Supreme Court of Canada Cases
- RWDSU v. Dolphin Delivery Ltd.,  2 SCR 573: on the application of the Charter of Rights and Freedoms to the common law and private action in the context of secondary picketing
- Harrison v. University of British Columbia,  3 SCR 451 and Stoffman v. Vancouver General Hospital,  3 SCR 483: on the application of constitutional equality rights to mandatory retirement provisions
- International Longshoremen’s and Warehousemen’s Union, Ship and Dock Foremen, Local 514 v. Prince Rupert Grain Ltd.,  2 SCR 432: on the standard of review to be applied to labour boards in the context of certification applications
- Ref re Remuneration of Judges of the Prov. Court of P.E.I.; Ref re Independence and Impartiality of Judges of the Prov. Court of P.E.I.,  3 SCR 3: on the scope of the constitutional guarantee of judicial independence and in particular the role of the provincial governments and legislatures in determining the appropriate salaries for provincial court judges
- British Columbia (Public Service Employee Relations Commission) v. BCGSEU,  3 SCR 3: on the principle of adverse effects discrimination, and establishing an integrated approach to the duty to accommodate in the human rights context
- Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia,  2 SCR 391, 2007 SCC 27: on freedom of association under section 2(d) of the Charter, and its application in the context of collective bargaining legislation
- Ontario (Attorney General) v. Fraser,  2 SCR 3, 2011 SCC 20: on whether freedom of association under the Charter involves access to labour relations legislation
- Sharbern Holding Inc. v. Vancouver Airport Centre Ltd.,  2 SCR 175, 2011 SCC 23: on negligent misrepresentation and material disclosure in the securities context
- Conseil scolaire francophone de la Colombie‑Britannique v. British Columbia,  2 SCR 774: on the interpretation of statutory rules of procedure and the scope of the courts’ inherent jurisdiction to receive evidence
- Association des parents de l’école Rose‑des‑vents v. British Columbia (Education), 2015 SCC 21; on the requirement for substantive equality for minority language educational rights holders under s. 23 of the Charter.
Sample of Leading Court of Appeal Cases
- Nanaimo Port Authority v. Canada (Transportation), 2007 FCA 211: a decision of the Federal Court of Appeal which deals with the authority of the Ports to discriminate in the setting of fees by Port users
- McIvor v. Canada (Registrar of Indian and Northern Affairs), 2009 BCCA 153: a decision of the British Columbia Court of Appeal involving the classification of Registered Indians under the Indian Act
- SELI Canada Inc. v. Construction and Specialized Workers’ Union, Local 1611, 2011 BCCA 353: a decision of the British Columbia Court of Appeal involving the human rights code and evidentiary issues on judicial review
- Yellow Cab Company Ltd. v. Passenger Transportation Board, 2014 BCCA 329: a decision of the British Columbia Court of Appeal regarding procedural fairness and the substantive review of tribunal decisions
- United Mexican States v. British Columbia (Labour Relations Board), 2015 BCCA 32: a decision of the British Columbia Court of Appeal with respect to the doctrine of state immunity and the application of labour relations legislation to sovereign states
Sample of Recent Interventions
- R v Saskatchewan Federation of Labour, 2013 SKCA 43: intervention on behalf of the Saskatchewan Chamber of Commerce, regarding the right to strike and freedom of association
- Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd.,  2 SCR 458, 2013 SCC 34: intervention on behalf of the Canadian Mining Association et al, in a case involving the proper standard of review with respect to alcohol and drug testing in the workplace
- Canada (Attorney General) v. Whaling, 2014 SCC 20: intervention on behalf of the BC Civil Liberties Association, regarding whether retrospective parole legislation constitutes punishment infringing s. 11(h) of the Charter)
- Mission Institution v. Khela, 2014 SCC 24: intervention on behalf of the BC Civil Liberties Association, regarding the scope of review by superior court on an application for habeas corpus
- BC Freedom of Information and Privacy Association v. British Columbia (Attorney General), 2015 BCCA 172: intervention on behalf of the Canadian Civil Liberties Association, involving freedom of expression and election advertising regulations
- British Columbia Teachers’ Federation v. British Columbia, 2015 BCCA 184: intervention on behalf of the Coalition of British Columbia Businesses, with respect to the constitutional freedom of association and the right to collectively bargain
- Yukon Francophone School Board, Education Area #23 v. Yukon (Attorney General), 2015 SCC 25: intervention on behalf of Conseil scolaire francophone de la Colombie‑Britannique and Fédération des parents francophones de Colombie‑Britannique, with respect to the test for a reasonable apprehension of bias on the part of a trial judge