403-218-6275
Appeals
Our Services
An appeal is an application to have a decision made by a lower court reviewed by a higher court to ascertain if errors were made. Appeals can be made if a party in a case believes that the court wrongly applied the law in deciding their case. It is extremely rare that parties are able to argue that an error was made in deciding the facts of the case. Appeals can be difficult and complex legal matters, and only certain errors may be appealed to a higher court; you cannot file an appeal simply to have another chance to present your case.
- Appeals are subject to strict time limitations, so if you are considering appealing a decision it is important to seek legal advice right away.
- There are several possible results of an appeal. The Court of Appeal may:
- Dismiss the appeal;
- Allow the appeal and change the order of the lower court;
- Allow part of the appeal and dismiss part of it, and change the order of the lower court; or
- Allow the appeal and order a new trial or hearing.
Our Appeals Lawyers
Diane L. Harms, Q.C.,
Barrister & Solicitor
(403) 218-6282
harms@dmhlaw.ca
Diane practices a “no nonsense” approach to advocating for a sensible, fair and just resolution for her clients. Her objective is to provide strategic guidance and sound legal advice to clients who find themselves in complicated family situations.
Diane’s extensive litigation and appellate experience – spanning over 25 years – is a foundational element of what makes Daunais McKay + Harms a leader in the Calgary legal community.
Outside the courtroom, Diane has an expansive body of work and numerous professional achievements. Some of these include:
- Co-author of legal articles
- Instructor for CPLED and Trial Advocacy courses
- Recipient of Contribution Award from Alberta Law Society (2012)
- Listed in Best Lawyers International 2012 to present
- Appointed Queen’s Counsel (2016)
Adam R. Singer,
Barrister & Solicitor
(403) 218-6279
singer@dmhlaw.ca
Adam Singer never planned to be a family lawyer when he began practising law in 1987. In fact, he spent most of the first two decades of his legal career as a criminal defense lawyer and civil litigator. But since 2005, Adam has focused his practice on divorce and family law because he knows that family disputes are among the most difficult challenges people can face, and he gets great satisfaction in helping his clients obtain the best achievable outcomes.
A seasoned litigator and negotiator, Adam is highly skilled in both oral and written communication, for which he credits his pre-law experiences as a newspaper and magazine reporter and a writer for CBC radio, as well as his Master’s degree in literature. Because he believes that every client and family dispute is unique, he is highly attentive to his clients’ interests and employs an individualized approach to obtain the best outcomes. Adam is equally comfortable in the courtroom or in alternative dispute resolution settings, such as mediation and arbitration.
Adam values the importance of community institutions in people’s lives and has contributed significant time and expertise to various organizations. Within the legal community, he has served as an Editorial Board Member of the Alberta Law Society Newsletter, Vice-Chair of the Canadian Bar Association Calgary Health Law Subsection, a Member of a Canadian Bar Association (Alberta) Fault/No Fault Insurance Task Force, and a Volunteer Lawyer with Calgary Legal Guidance.
Outside of the legal profession, Adam’s extensive volunteer work has included leadership roles as President of the Calgary Jewish Federation, Vice-President of the Calgary Jewish Academy School, and President of Temple B’nai Tikvah Synagogue.
A lifelong learner, in July 2017 Adam was awarded the DELF B2 (Diploma of French Language Studies, or Diplôme d’Études en Langue Française) by the French National Ministry of Education. The B2 Diploma certifies that the individual is able to communicate in French with spontaneity and ease, and is the level of language proficiency that French universities require from undergraduate foreign students.
Crystal Thompson,
Barrister & Solicitor
Mediator and Collaborative Lawyer (403) 218-6517 thompson@dmhlaw.ca
Mediator and Collaborative Lawyer (403) 218-6517 thompson@dmhlaw.ca
Crystal graduated from the University of Alberta, Faculty of Law in 1999 with dean’s list standing. She was called to the Alberta bar in 2001 and has been practicing family law ever since.
Crystal has appeared at all levels of Alberta’s Courts and she has recently been successful in three major custody appeals.
While she prefers to operate as a collaborative lawyer and mediator – seeking resolutions that minimize financial impact and place familial well-being first – she is also an effective litigator, having appeared in all levels of Alberta’s courts. Her commitment to effective litigation is best demonstrated by her successes in appeals, including notable judgments involving parental custody and child welfare.
Crystal is a member of many professional and community organizations, including:
- Law Society of Alberta
- Canadian Bar Association- Family Law and Wills and Estates subsections
- Association of Collaborative Professionals
- Dispute Resolution Officer- Court of Queen’s Bench of Alberta
- Instructor- Canadian Centre for Professional Legal Education
- Board Member and Treasurer- Association of Collaborative Professionals
- Contributor- Legal Education Society of Alberta Family Law Practice Manual
- Guest Lecturer- University of Calgary, Faculty of Law, Advanced Family Law
- Volunteer lawyer and Instructor- Calgary Legal Guidance
- Past Instructor- Parenting After Separation Seminar
In her free time Crystal enjoys camping, hiking, and golf.
Michael A. Ghert,
Barrister & Solicitor
(403) 218-6298
ghert@dmhlaw.ca
Michael received his B.A. (hons) in history from McGill University in 1997, and his M.A. in history from University College London (U.K.) in 1998. He received his Juris Doctor from the University of Toronto, Faculty of Law in 2001. Michael was admitted to the Law Society of Upper Canada in 2002 and the Law Society of Alberta in 2003. Michael articled at a full-service law firm in Toronto and started his practice in the commercial litigation department of a national law firm. Since 2004 Michael has focused his practice on family law and related civil litigation.
Michael enjoys the challenge of seeking solutions to complex legal problems. He believes it is important to educate his clients about the legal process, thereby helping them to be informed participants and to understand issues affecting their lives.
Professional Associations
- Law Society of Alberta
- Canadian Bar Association – Family Law Subsection
- Alberta Law Conference 2008 – Member of Spousal Support Panel
- Legal Education Society of Alberta, 2009 Banff Refresher – Member of Child Support Panel
- LESA Education Society of Alberta, 2012 Wills and Estates for Support Staff – Member of Panel Respecting Matrimonial Property
Current Community Contributions
- Co-Chair of Calgary United Jewish Appeal
- Director of Calgary Jewish Federation and Calgary Jewish Community Foundation
- Director of Southern Alberta Freestyle Ski Club
Noteworthy Cases
- S v. S, [2013] A.J. No. 271 (ABQB)
- M.O. v. C.O., [2012] A.J. No. 1042 (ABCA)
- D.W.G. v. P.L.D., [2012] A.J. No. 541 (ABProvCt)
- M v. M, [2011] A.J. No. 1054 (ABCA)
- F v. F, [2010] A.J. No. 1421 (ABQB)
- T v. T, [2009] A.J. No. 1384 (ABQB)
- A.R. v. A.M.R., [2009] A.J. No. 1332 (ABQB)
- G v. G, [2009] A.J. No. 1529 (ABCA)
Why DM+H For Appeals Law?
Three of our lawyers, Ms. Diane Harms, Mr. Michael Ghert and Ms. Crystal Thompson have extensive experience in family law appeal work, and often handle appeals referred by other family law firms. As family law appeals can be costly and only certain aspects may be appealed, it is essential to seek advice from lawyers with an in-depth understanding of the law who can provide you with a realistic view on your prospects for success, as well as expertise throughout the process.
Appeals FAQ
What is the difference between an appeal and an application to vary?
Variation applications can be made where a material change in circumstances has occurred since the last order. An application to vary is made to the original court asking that court to vary its own order. An appeal does not require a material change in circumstances; instead, an appeal is made to a higher court when a party believes the law has been wrongly applied.
Do I need a lawyer to represent me in the Court of Appeal?
You may represent yourself in the Court of Appeal, but we highly recommend that you seek legal advice, as the law and process surrounding appeals are highly complex.
What is the difference between an error of fact and an error of law?
An error of fact means that the judge had the wrong facts, or interpreted them incorrectly to misunderstand the situation. An error of law means that the judge had the facts correct, but did not apply the law correctly to those facts.
Contact Us
Daunais McKay + Harms
An Association of Independent Lawyers
Suite 2050, 645 - 7th Avenue S.W.
Calgary, AB T2P 4G8
Calgary, AB T2P 4G8
- P 403-218-6275
- F 403-218-6299
- E contact@dmhlaw.ca