Framing A More Appealing Notice
Mondaq Business Briefing › Canada Law Articles in English (2011)
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Framing A More Appealing Notice
You fought the good fight, but lost. Clearly, a serious error was made—and not by you. Now that you have decided to appeal, your first task is to pick up the pen and give notice of your intention to the other side and to the Court, explaining the grounds for your position. In the case of an appeal from an order of a prothonotary, a notice of motion serves this purpose. In the case of an appeal from the Federal Court, a notice of appeal does the job. At their lowest, these notices simply serve as placeholders for your written and oral arguments. At their highest, they assist in crystallizing your analysis at an early stage and, more importantly, can persuade the Court—and possibly your opponent—on the merits. The appellant, as the losing party, should be reluctant to squander this opportunity.
Meeting the prescribed formalities of the notice is necessary, but will not make your notice persuasive. You will succeed in elevating the perfunctory placeholder to persuasive written advocacy if you select your grounds thoughtfully, provide ju...See the full content of this document
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