Appeal Lawyers in Vancouver
OUR CLIENTS
When an Appeal May Be Worth Pursuing
An unfavourable result alone is not grounds for an appeal. Appeal courts give a lot of deference to a trial judge since a trial judge heard the evidence first hand and is in the best position to assess its credibility, relevance and weight. Appeals must be based on identifiable legal or procedural errors that affected the outcome of your case. These may include errors in the application or interpretation of the law, reliance on inadmissible evidence, findings of fact unsupported by the record, and procedural unfairness or jurisdictional errors.
McKechnie & Company reviews trial decisions carefully and advises clients on whether an appeal is viable, the realistic prospects of success, the likely cost, and the deadlines involved. Appeal timelines in BC are strict and early legal advice is essential.
Civil and Commercial Appellate Representation
Appeals are not a retrial. They focus on whether the law was applied correctly, whether the process was fair, and whether the decision withstands appellate scrutiny. Appellate advocacy requires a different approach than trial litigation since in all but the most exceptional cases, the evidence before the court is fixed, and it is the interpretation of that evidence, and the application of law to it, that is in issue.
We represent clients in civil and commercial appeals before the BC Court of Appeal, including appeals arising from construction disputes, debt collection matters, real property disputes, and commercial litigation.
Our Appellate Services
We assist clients with appeal strategy and merits assessments, drafting notices of appeal and factums, appeal book preparation, and written and oral advocacy before the BC Court of Appeal.
Why Work With McKechnie & Company on Appeals
Appeals demand clarity of thought and disciplined legal analysis. Our lawyers bring extensive civil and commercial litigation experience to appellate work, which means we understand both the trial record and the appellate standards applied by BC courts. We provide realistic assessments, clear strategy, and focused representation at every stage of the appeal process.
We are based in Yaletown, Vancouver and act for clients throughout BC and from outside the province in matters governed by BC law.
Case Study
Appellate Case Study
Situation
Our client, a sheet metal supplier in Alberta, hired a trucking company to deliver sheet metal to a customer in B.C.
Complication
When the product arrived, it had been damaged by water. Our client refused to pay the trucking company, and the trucking company sued and in the Supreme Court was awarded judgment for the agreed transportation costs.
Our Approach
We appealed the judgment for our client on the ground that the trucking company was liable for the damage to the sheet metal. The issue was whether our client had accepted the risk of carriage.
Outcome
The Court of Appeal agreed that it had not. It set aside the trial judgment and awarded damages to our client.
Contact Our Appeal Lawyers
If you are considering an appeal in British Columbia, contact McKechnie & Company. Early advice is critical given the strict deadlines involved.
Call us at 604-669-7705 or fill out our contact form to arrange a free 30-minute consultation.