appeals

Appeals

The most favourable trial decision in the world is worthless if it is overturned on appeal. That is why Will Davidson LLP has long recognized that appellate advocacy is a specialized skill requiring a singular focus. To that end, Will Davidson LLP invests a considerable amount of resources to ensure that it offers its clients exceptional service when it is time to take a case “upstairs”.

Lawyers from our firm have been appearing in the Court of Appeal for Ontario and the Supreme Court of Canada for over 75 years. In that time our lawyers have helped shape the common law of Canada in practically every aspect of insurance and personal Injury law.

Some of the leading cases in Canada have been argued by lawyers from Will Davidson LLP including pre-eminent decisions on punitive damages, causation of injuries, the interpretation of insurance contracts, class proceedings and the rules of evidence and procedure.

Today our appellate group is lead by Chris Morrison who has appeared multiple times before all levels of Courts in Ontario and the Supreme Court of Canada and gives frequent lectures on substantive and procedural areas of the law. In Robb Estate v. Canadian Red Cross Society, 2001 CanLII 24138 (ON C.A.), Chris and a team of Will Davidson Lawyers successfully overturned an adverse decision against the Canadian Red Cross Society after a lower court had found the Red Cross liable for infecting 3 individuals with HIV. Later, the same team successfully fought off a challenge to have the case heard by the Supreme Court.

In Pilot v. Whiten Insurance [2002] 1 S.C.R. 595 Will Davidson Lawyers led by Gary Will successfully overturned an Ontario Court of Appeal decision limiting his clients award of damages to $100,000 and restoring a jury award of $1,000,000 dollars. Whiten remains the leading decision on the subject of punitive damages and after a decade still remains one of the highest punitive damage awards ever awarded against and insurer.

Our appellate group acts for both Plaintiffs and Defendants, Appellants and Respondents and takes cases on that originate both inside the firm and referrals from other law firms and clients who need a specialist to assist them with this unique area of work. If you are responding to an appeal or contemplating bringing one contact Chris Morrision for a consultation.

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