Appeals


We have argued more than 125 appeals for both plaintiffs and defendants. No firm in Canada has a higher win rate.

Our knowledge and understanding of our appellate system at all levels is deep — working with the courts, the judges and applying the particular advocacy skills that are required in appellate work. We choose the right issues and jettison the rest.

Here is one example of our appeals work:

  • Cassano v. Toronto-Dominion Bank, 87 O.R. (3d) 401 (ONCA)

    This was an appeal from the dismissal of a motion to certify a class proceeding against TD Bank for charging unauthorized and undisclosed fees in certain Visa credit card transactions. The class lost the certification motion and subsequent appeal to the Divisional Court. At the Court of Appeal, we succeeded in having the decisions below reversed and the action certified. The claim later settled for $55 million.

    In approving the settlement and class counsel’s fees, Cullity J. wrote: “This was hard-fought litigation — conducted with tenacity and skill by counsel who, in effect, snatched victory from the jaws of defeat by persevering with it through successive appeals from the initial decision that denied certification (my emphasis). (Cassano v. Toronto-Dominion Bank, 98 O.R. (3d) 543 (S.C.J.), para. 55)