Expert Analysis

Top four mistakes made by respondents on appeal

By Marco P. Falco ( March 25, 2026, 2:16 PM EDT) -- When served with a Notice of Appeal to the Ontario Court of Appeal or the Divisional Court, respondents may be tempted to take a cavalier approach. After all, the respondent was already successful in the lower court or tribunal proceeding. Much of the appeal will concern justifying the respondent’s victory. The respondent may hold a sincere conviction that all that is required for the appeal is to repeat and rely on the materials, evidence and law from the underlying proceeding....