1. Jurisdiction of the Court of Appeal
2. Standards of Review
3. Leave to Appeal
4. Commencing the Appeal and Prehearing Procedure
5. Relief Pending Appeal
6. Hearing and New Matters Arising on Appeal
7. Post-Hearing Matters
Statutes and Related Material Table
Peter R. Senkpiel — Nathanson Schachter & Thompson LLP, Vancouver
M. Caitlin Ohama-Darcus — Nathanson Schachter & Thompson LLP, Vancouver
Tom A. Posyniak — Fasken Martineau DuMoulin LLP, Vancouver
Holly A. Brinton — Fasken Martineau DuMoulin LLP, Vancouver
About the Authors
Peter Senkpiel is a leading barrister in British Columbia with a broad commercial litigation, alternative dispute resolution, and advisory practice. He has appeared as counsel in the British Columbia Supreme Court, the British Columbia Court of Appeal, and the Supreme Court of Canada. He received his J.D. from the University of Toronto Faculty of Law. Prior to joining Nathanson, Schachter & Thompson LLP, Mr. Senkpiel served as the judicial law clerk to the Chief Justice of British Columbia, the Honourable Lance Finch, at the British Columbia Court of Appeal. He was an Adjunct Professor at the University of British Columbia Faculty of Law from 2015 to 2019, where he taught a course on the law of restitution. He sits on the Board of Directors and Rules Committee for the Vancouver International Arbitration Centre.
Caitlin Ohama-Darcus carries on a general litigation practice at Nathanson, Schachter & Thompson LLP, with a particular interest in civil appeals, administrative law, and the resolution of complex commercial disputes. She has appeared as counsel in the British Columbia Supreme Court and the British Columbia Court of Appeal, and has assisted with the advancement of matters before all levels of court, including the Federal Court and the Supreme Court of Canada. Ms. Ohama-Darcus graduated with a J.D. from the Faculty of Law at the University of British Columbia. Prior to joining NST, she served as a judicial law clerk to the Honourable Madam Justice Kirkpatrick and the Honourable Mr. Justice Goepel at the British Columbia Court of Appeal.
Tom Posyniak has a litigation practice at Fasken Martineau DuMoulin LLP in Vancouver, British Columbia. His practice focuses on appeals, and written advocacy more generally. Mr. Posyniak has appeared at all levels of court in British Columbia, including often before the Court of Appeal, and has prepared submissions for the Supreme Court of Canada and the Federal Court of Appeal. Prior to joining Fasken, he clerked for Justice Chiasson and Justice Bennett of the British Columbia Court of Appeal. He has also been a member of the executive of the Appellate Advocacy section of the Canadian Bar Association–BC Branch since 2015. More recently, Mr. Posyniak has served as a referral counsel for Access Pro Bono’s Court of Appeal Program.
Holly Brinton was associate counsel with Fasken Martineau DuMoulin LLP, Vancouver, until her retirement. She received her Bachelor of Laws from the University of British Columbia and was a law clerk at the British Columbia Court of Appeal before articling at a predecessor firm of Fasken. She was called to the British Columbia Bar in 1986. Throughout her practice, Ms. Brinton conducted and supervised legal research and prepared opinions and arguments, with particular emphasis on appeals to the Court of Appeal and Supreme Court of Canada.