Sentences with phrase «appellate counsel did»

Now, instead of assuming that appellate counsel did anything like I've outlined in items 1, 2, 3 or 4, assume it was one or more of the members of an appellate panel.

Not exact matches

She was attentive, fair and despite the continued eyes of COPIC's appellate counsel who attended every minute of trial, did an admirable job of keeping the case moving and the record clear and consistent.
So they do it all, they're trial counsel and appellate counsel.
Defendant finally argued the time records were incomplete / unreliable, but the appellate court dispatched this one by noting this factor was used to deny a requested lodestar enhancement by plaintiff's counsel such that the defense did get some traction on this argument, but traction already factored in by the lower court in reducing claimed fees.
Notable mandates: principal negotiator and senior legal counsel to the Algonquins of Ontario in ongoing treaty negotiations in a land claim that covers most of eastern Ontario, including the nation's capital, and in which more than 1.2 million people reside; representing USW Local 2251, the largest local union at Essar Steel Algoma Inc., in the Algoma CCAA restructuring; two significant insurance coverage appellate victories, Urbanmine Inc. et al v. St Paul Fire and Marine Insurance Company et al and Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company; acting for North American Fur Auctions, successor to the original Hudson's Bay fur trading business, in connection with the amendment, restatement and re-syndication of a credit facility to include Export Development Canada; acted for La Caisse Centrale Desjardins du Québec with respect to credit facilities to finance the construction of a highrise condominium complex containing an affordable housing component
Consequently, the appellant's lawyers need to consider whether they can win a reversal if the appellate court does not know the case as well as counsel does.
The firm does a significant referral practice in appellate proceedings where it was not trial counsel.
In my view, when counsel fully address the Guidelines in argument, and a trial judge decides to award a quantum of support outside the suggested range, appellate review will be assisted by the inclusion of reasons explaining why the Guidelines do not provide an appropriate result.
Maybe you'll decide you need to input the leave to appeal and appeal facta, too, and somehow take into account what was in there in assessing the significance of Clements, Ediger and Benhaim to the decision you need to make to render your opinion bearing in mind you don't actually know what grounds of appeal the SCC thought mattered and, remarkably enough, sometimes the SCC delivers comments on issues that (arguably) weren't dreamt of by appellate counsel;
I do both trial and appellate work (and have acted as outside general counsel for some privately held companies).
Nothing is more frustrating for an appellate judge than being confronted by counsel who do not know the record.
Perhaps this means that what is needed is for some inventive counsel to convince an appellate court to misuse an SCC decision, as plaintiff's counsel did with Walker Estate in Resurfice; or, for a trial judge or appellate court to accept, as I point out in the paper, that the SCC jurisprudence requires the conclusion that, in Canadian negligence law, events may occur without having causes (and not just in Stoner, B.C.).
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