Appeals Lawyer
When the first decision gets it wrong, we help make it right.
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Appeals require special skills and knowledge—exactly what we bring to your case.
Appeals in Alberta
Appeals are distinct legal proceedings that review decisions made by lower courts or tribunals for legal errors. Unlike trials, which determine facts, appeals focus on whether the law was properly applied and procedures correctly followed. Appeals in Alberta may be heard by the Court of King's Bench, the Alberta Court of Appeal, or in some cases, the Supreme Court of Canada.
The appeals process involves strict timelines, specialized procedures, and unique standards of review. Success requires thorough legal research, compelling written arguments, and effective oral advocacy focused on identifying and articulating legal errors.
We understand the complexities of appellate advocacy and the opportunity it presents to correct injustice. With our experience on both sides of the legal system, we develop sophisticated legal arguments that identify key errors in your original proceedings while navigating the procedural intricacies of the appeals process.
Types of Appeals We Handle
Criminal Appeals
We represent individuals appealing convictions, sentences, or pretrial rulings in criminal matters at all levels of court.
Common Grounds for Appeal:
Errors in admitting or excluding evidence
Improper jury instructions
Charter rights violations
Unreasonable verdicts
Errors in legal interpretation
Excessive or inadequate sentences
Civil Appeals
We handle appeals of judgments and orders in civil litigation matters, including contract disputes, personal injury cases, and property conflicts.
Common Grounds for Appeal:
Errors in legal interpretation
Procedural irregularities
Insufficient evidence for findings
Damage award errors
Weapons prohibition
Improper application of precedent
Jurisdictional issues
Administrative and Tribunal Appeals
We pursue appeals and judicial reviews of decisions made by administrative tribunals, professional bodies, and regulatory agencies.
Common Grounds for Appeal:
Procedural fairness violations
Jurisdiction overreach
Unreasonable interpretations of law
Failure to consider relevant factors
Bias or appearance of bias
Errors of law
Summary Conviction Appeals
We represent clients in appeals of provincial offences and summary conviction matters to the Court of King's Bench.
Common Grounds for Appeal:
Errors in statutory interpretation
Improper admission of evidence
Unreasonable findings of fact
Severity of penalty
Procedural irregularities
Our Appeals Process
We approach each appeal with a proven methodology developed through years of appellate advocacy. From comprehensive review of trial records to persuasive written and oral arguments, we guide you through every step of the appeals process.
Free Consultation
We begin with a thorough discussion of your case to understand the full context of your situation. During this meeting, we listen to your concerns, review available documentation, and explain potential approaches to your legal matter. This foundation allows us to develop a relationship based on understanding and trust.
During this meeting we discuss fees and a budget that can work with your financial situation.
Comprehensive Review & Strategy
Failing to plan is planning to fail – and we don’t intend to fail. We make sure we review all documents (and order any we don’t have) – transcripts, written submissions, trial exhibits, everything needed to make sure we have the full picture.
We then prepare a comprehensive strategy memo which lays out a plan for the appeal and gives you our professional opinion on your likely results.
Our policy is to be thorough and transparent: if we think you have a good chance at an appeal, we tell you, and if we think otherwise, we tell you. You receive this advice in writing, so that you can make an informed decision about whether to spend money fighting the appeal.
File the Notice of Appeal
If you decide to proceed, we file the Notice of Appeal and prepare & file the Appeal Record and Certified Transcripts (documents necessary for the appeal to proceed).
Bail Pending Appeal
If you anticipate (or are) incarcerated, we can seek release from custody until the appeal is heard. We use the Strategy Memo prepared in Step One to guide the Bail Pending Appeal application arguments.
This is an important step for many people, because appeals often take nearly a year from the date of filing the Notice of Appeal to the time oral argument takes place (and then sometimes months more before a decision is received). Bail Pending Appeal is the difference between being in jail that whole time or being on release, so it is important that the application is as persuasive as possible. Zachary has secured Bail Pending Appeal for numerous clients and is well-equipped to make sure you get your best chance.
Written Arguments
We prepare lengthy written arguments laying out the errors at trial and why you should receive a fair hearing. Once these are filed, the Crown has two months to reply.
On the strength of our written arguments, we have sometimes had the Crown agree to the appeal without need for further argument. If that does not happen, we proceed to Oral Argument.
Oral Argument
After the Crown files its Written Reply Arguments, we schedule an oral hearing before the Court. This is usually composed of a panel of three judges (who are different than the judge who decided the original case). These judges listen to the arguments presented by the lawyers and ask questions.
We prepare thoroughly by reviewing all applicable law, anticipating questions, and preparing the best responses.
Decision
The decision is the one thing out of our control – but we do our best to guide justice in the right direction, by being as prepared and polished as possible, right from the start.
About Zachary Al-Khatib
Founder of ZK Law specializing in criminal defence and complex legal matters. Former Supreme Court of Canada clerk bringing unique judicial perspective to each case. I combine rigorous advocacy with compassion, ensuring every client's story is heard. Currently teaching at the University of Alberta while maintaining my practice.
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FAQs
Find answers to your most pressing questions about our legal services and how we can help.
Appeal deadlines are strict and vary by case type. For criminal appeals, you typically have 30 days from conviction or sentence. Civil appeals generally require filing within 30 days of the judgment or order. Missing these deadlines can permanently bar your right to appeal, making immediate legal consultation crucial.
Appeals are not new trials where evidence is re-examined. Instead, appeals review the original proceedings for legal errors. The appellate court generally works from the existing record rather than hearing new evidence. Success typically results in either a new trial being ordered or the decision being modified or reversed.
Possible outcomes include dismissal of the appeal, ordering a new trial, substituting a different verdict or judgment, modifying a sentence or award, or remitting the matter back to the original court with directions. The specific remedies available depend on the nature of the case and the errors identified.
Appeals have a higher threshold for success than trials because they must identify specific legal errors rather than simply rearguing facts. Success rates vary widely depending on the grounds for appeal, the strength of the legal arguments, and the standard of review applied. We provide honest assessments of appeal prospects based on thorough case evaluation.
Generally, appeals are limited to the record from the original proceedings. However, in exceptional circumstances, "fresh evidence" may be admitted if it meets strict criteria: it must be credible, potentially decisive, and not have been available through reasonable diligence during the original proceedings.
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