Appellate Practice 2021

Course Chairs
Claire E. Hunter, QC — Hunter Litigation Chambers, Vancouver
Raymond D. Leong — Public Prosecution Service of Canada, Vancouver

About the Course Chairs
Claire Hunter practices at Hunter Litigation Chambers. She has a broad civil litigation, public, and administrative law and appellate practice and appears regularly as counsel at all levels of court and before arbitration tribunals and administrative boards.

Appointed Queen's Counsel in 2018, Claire is ranked as a leading practitioner in the Lexpert, Chambers, Benchmark, Best Lawyers, and Legal 500 guides. She was named a Lexpert Rising Star: Leading Lawyer under 40 in 2017, received a Lexpert Zenith Award in 2019, and was a gold winner of the Woman of the Year category in the Canadian Law Awards in 2020.

Prior to joining Hunter Litigation Chambers, Claire was a law clerk to Justice Iacobucci of the Supreme Court of Canada and an associate with Sullivan & Cromwell in New York. Claire is involved in community work including as a provider of pro bono legal services. She is a former President of the Access Pro Bono Society of BC and chair of the CBA national pro bono committee and a current member of the Access to Justice committees of the Law Society of BC and the Advocates Society. Claire has received a number of awards for pro bono service including the Allan Parker, QC Award for Representation Services from Access Pro Bono in 2013, the Harry Rankin, QC Pro Bono Award from the CBA in 2015, and the Ann Wilson and Robert Prichard Award for Community and Professional Service by the University of Toronto Alumni Association in 2017.

Outside the law, Claire is a mother to two small children and serves on the boards of the VSO School of Music and the York House School Alumnae Association.

Ray Leong is a prosecutor and general counsel with the Public Prosecution Service of Canada. He started his legal career in private practice and joined the Department of Justice in 2001. In 2006, he joined the Public Prosecution Service of Canada. Ray's current practice involves predominantly criminal appeals and, in particular, appeals involving offences under the Controlled Drugs and Substances Act. He also advises a number of investigative units of various police forces, including the financial crimes and proceeds of crime units of the Royal Canadian Mounted Police.

Faculty
The Honourable Madam Justice Lauri Ann Fenlon — BC Court of Appeal, Vancouver
The Honourable Mr. Justice S. David Frankel — BC Court of Appeal, Vancouver
The Honourable Mr. Justice Harvey M. Groberman — BC Court of Appeal, Vancouver
The Honourable Madam Justice Mary V.M. Newbury — BC Court of Appeal, Vancouver
The Honourable Madam Justice Mary E. Saunders — BC Court of Appeal, Vancouver
Registrar Timothy Outerbridge — BC Court of Appeal, Vancouver
Thomas Arbogast — Barrister, Vancouver
Tracey M. Cohen, QC — Fasken Martineau DuMoulin LLP, Vancouver
Craig P. Dennis, QC — McEwan Cooper Dennis LLP, Vancouver
David Layton, QC — Crown Counsel, Ministry of Attorney General, Vancouver
Erica Olmstead — Edelmann & Co. Law Offices, Vancouver
Eric Purtzki — Fowler, Blok, Vancouver
Julia E. Roos — Hunter Litigation Chambers, Vancouver
Peter R. Senkpiel — Nathanson, Schachter & Thompson LLP, Vancouver

Cick here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

Claire E. Hunter, QC — Hunter Litigation Chambers, Vancouver
Raymond D. Leong — Public Prosecution Service of Canada, Vancouver

Commencing an Appeal and Grounds for Appeal (9:10 – 10:30)

• facts and law
• appeal from errors in law
• standard of review

Moderator: Claire E. Hunter, QC — Hunter Litigation Chambers, Vancouver
The Honourable Madam Justice Mary E. Saunders — BC Court of Appeal, Vancouver
Eric Purtzki — Fowler, Blok, Vancouver
Peter R. Senkpiel — Nathanson, Schachter & Thompson LLP, Vancouver

BREAK (10:30 – 10:40)

Registry Matters (10:40 – 11:40)

• navigating the registry
• use of electronic documents
• registry practice update
• electronic filing—post COVID-19

Moderator: Raymond D. Leong — Public Prosecution Service of Canada, Vancouver
The Honourable Mr. Justice Harvey M. Groberman — BC Court of Appeal, Vancouver
Registrar Timothy Outerbridge — BC Court of Appeal, Vancouver

Recent Updates in Chambers Practice (11:40 – 12:00)

• common applications (leave to appeal, stays, extensions of time, security for costs, appointment of counsel)
• case management (family/criminal)
• practicalities of COVID-era telephone appearances

Claire E. Hunter, QC — Hunter Litigation Chambers, Vancouver
Raymond D. Leong — Public Prosecution Service of Canada, Vancouver

LUNCH BREAK (12:00 – 12:30)

New to Appeals—A Primer (12:30 – 1:50)

• advice for counsel new to appeals
• lessons along the way

Moderator: Claire E. Hunter, QC — Hunter Litigation Chambers, Vancouver
The Honourable Madam Justice Lauri Ann Fenlon — BC Court of Appeal, Vancouver
Erica Olmstead — Edelmann & Co. Law Offices, Vancouver
Julia E. Roos — Hunter Litigation Chambers, Vancouver

BREAK (1:50 – 2:00)

Appellate Advocacy Part 1: Moving from Grounds to the Factum (2:00 – 3:00)

• the factum
• written advocacy

Moderator: Raymond D. Leong — Public Prosecution Service of Canada, Vancouver
The Honourable Mr. Justice S. David Frankel — BC Court of Appeal, Vancouver
Thomas Arbogast — Barrister, Vancouver
Craig P. Dennis, QC — McEwan Cooper Dennis LLP, Vancouver

BREAK (3:00 – 3:10)

Appellate Advocacy Part 2: Moving from the Factum to Argument (3:10 – 4:10)

• oral advocacy
• best practices for counsel

Moderator: Claire E. Hunter, QC — Hunter Litigation Chambers, Vancouver and
Raymond D. Leong — Public Prosecution Service of Canada, Vancouver
The Honourable Madam Justice Mary V.M. Newbury — BC Court of Appeal, Vancouver
Tracey M. Cohen, QC — Fasken Martineau DuMoulin LLP, Vancouver
David Layton, QC — Crown Counsel, Ministry of Attorney General, Vancouver

Closing Remarks (4:10 – 4:15)

Claire E. Hunter, QC — Hunter Litigation Chambers, Vancouver
Raymond D. Leong — Public Prosecution Service of Canada, Vancouver