At times, courts make decisions and hand down rulings inconsistent with the facts or law. In these cases, the losing party, or party who is unhappy with the decision has an avenue for appealing the decision. Court of Appeal lawyers in the Calgary office at Kahane Law Office are experienced in appeal matters. The Court of Appeal is the highest court in Alberta. The only Court of a higher jurisdiction is the Supreme Court of Canada.
Our Court Of Appeal Clients
Appellant clients come to us from many sources. Our client base for appeals includes our own clients as well as clients previously represented by other lawyers. Often a trial lawyer lack the experience to appeal the case. In other cases, the client lacks the confidence in their original lawyer for the appeal process. Our Court of Appeals lawyers are able to sit with you to determine if you have a valid matter to bring in front of this higher court. As the Court of Appeal only sits in Calgary and Edmonton, we are able to service clients from outside the Calgary area. All appeal mattes relating to southern Alberta (essentially Red Deer south) occur in the Calgary Court venue.
What Can Be Appealed In Alberta
The Alberta Court of Appeal is not a forum for re-arguing a matter because you believe that the lawyer at the original trail did not do a good job. The Court of Appeal is a court that is looked to when a client believes that the original trial judge made a mistake. This Court has jurisdiction to hear a matter in only two types of situations involving a mistake at trial. That states, in some instances, courts err on mattes involving fact and law.
Mistake As To Fact
The first type of mistake is a mistake involving an error in determining the facts of a case. Since most legal decisions involve looking at the specific facts in the matter at hand, this is a key type of error. A mistake as to fact, involves an error where our client believes that the court erred in a manner impacting the facts. For example, the following are errors in fact:
- Incorrect inferences;
- Interpreting information incorrectly;
- Missed key evidence; and lastly
- The court had the facts wrong.
Mistake In Application Of Law
Lastly, in other instances, the error may be that the trial judge did not apply the appropriate law in the circumstances. In these situations, the court misapplied the law or neglected to apply a particular statute when it should have been applied in that case.
That stated, in some instances, courts err on mattes involving fact and law. Our Court of Appeal lawyers help you interpret your case and decide if an error in fact or law occurred at trial.
Why Go To The Court Of Appeal
Many people believe that the option to appeal a trial judge decision only happens if they lose at trial. This is not the case. In many instances, the appellate court hears matters where the winning party decides to appeal the decisions. This occurs for many reasons and our Court of Appeal lawyers help you navigate the appropriateness of an appeal. For example, people appeal lower court decisions when there was a mistake as to:
- The amount of damages awarded: For example, the winning party thought they deserved more in the original decision.
- Contributory Negligence: In this case the winning party thinks the amount is appropriate but thinks the amount the court decided they contributed to their own suffering was inappropriate; and
- Costs: Some appeals only look at the amount of costs awarded to the successful party.
From Which Other Courts Can You Appeal
Almost all legal decisions have a process for appeal. The appellate court has a mandate to hear matters from lower courts or bodies if an error existed in making that decision. For example, these include:
- Provincial Court such as small claims court;
- The Court of Queen’s Bench; and
- Administrative Tribunals.
The Court of Appeal Lawyers at Kahane Law Office are able to appeal matters in our current areas of law. Having the experience in those areas plus the experience of appearing in front of an appeals court allows us to properly represent our clients. Our lawyers have experience of all levels of court, including the Supreme Court of Canada.
Alberta Court Of Appeal Lawyers In Calgary
If you lost at trial or won at trial but still had an incorrect result, call us. The Lawyers at Kahane Law Office helps with your Court of Appeal legal needs. CONNECT NOW. We can be reached toll-free at 1-877-225-8817 (or 403-225-8810 locally in Calgary, Alberta), or email us directly here.