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Appellate Assistance for Litigation Counsel
Appeals are specialized litigation matters. They are demanding and time-sensitive.
My principal services include providing opinions on appeals and drafting notices of appeal and facta. I also have extensive experience in the processing of appeals from beginning to end, including the perfection of appeal books, exhibit books, and compendia, etc. I have been retained by many law firms which have only limited experience in the appeal process, and I have assisted in the drafting, organization, assembly and filing of appeal material.
The organization of court material is a key component of appellate advocacy, as there is a distinct interplay between the factum and the appeal book/compendium and book of authorities, which culminates in effective written and oral advocacy. Conversely, poor organization can detract from the merits of a case.
Summaries of Appellate Decisions Regarding Procedural Matters
I have compiled brief summaries of Court of Appeal decisions addressing important procedural matters, e.g. motions for stay pending appeal, security for costs, fresh evidence, extensions of time to appeal, etc. To access these summaries, click here.
Articles / Papers by Kenneth Peacocke
I have written articles and presented papers regarding factum drafting and appellate advocacy, including:
Drafting Facta: Some Tips for Written Advocacy in the Civil Litigation Process, LSUC Solo and Small Firm Conference 2015
This paper is published on-line by the Law Society of Ontario, and is included with other helpful papers by Ontario lawyers regarding written advocacy. Click
here, then click on the PDF link for the first article (The Drafting Process: A Roadmap to Clarity & Efficiency ; Drafting Facta: Some Tips for Written).
Practical and Strategic Considerations in Civil Appeals, Sudbury Law Association Colloquium 2015
This paper addresses various issues of importance in the civil appeal process, including factum drafting.
Appealing Thoughts: A Compilation of Articles on the Ontario Civil Appellate Process, by Kenneth Peacocke
This is a general overview of the major steps in the appeal process in Ontario. Written in 2015, it briefly outlines important considerations in the decision to appeal, appeal routes, perfection, and the hearing of appeals. A complimentary copy is available for Ontario lawyers. Contact
Referrals
In addition to providing services as outside counsel, I accept referrals of appeal matters.