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)
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)
Jonathan Griffith,
Barrister & Solicitor,
Mediator and Arbitrator (403) 403.351.3630 griffith@dmhlaw.ca
Mediator and Arbitrator (403) 403.351.3630 griffith@dmhlaw.ca
Jonathan is a lawyer, mediator and arbitrator with Daunais, McKay + Harms. He has been practicing law in Alberta since 2010. He has a Bachelor of the Arts from the University of Calgary, a law degree from University of New Brunswick and a master’s degree in law (with a specialization in family law) from York University.
Jonathan is committed to customizing the best possible approach to meeting his clients’ needs. Trained in interest-based practices with a collaborative spirit, he believes the negotiation, mediation and other forms of alternative dispute resolution are powerful tools to help people resolve conflict. In situations where these approaches are not possible, Jonathan brings confidence and experience as a strong advocate at provincial court, the Court of Queen’s Bench and at the Court of Appeal.
In addition to serving his clients passionately, Jonathan regularly publishes research on select legal topics. He shares his research at legal conferences such as Legal Education Society of Alberta seminars and National Family Law Programs. Jonathan also teaches legal courses at Calgary’s post-secondary institutions including family law at the University of Calgary, Faculty of Law.
Originally from Calgary, Jonathan is proud to make his home where he was born and has been involved with the community here throughout his life. Jonathan enjoys hiking, camping and skiing. He’s learning (slowly) to play the violin and is an unashamed “gamer.” Over the years, Jonathan has raised over $10,000 for Alberta Children’s Hospital in the annual gaming fundraiser: Extra Life.
Publications:
Griffith, J et. al. “Attacking Arbitration Agreements” (Lake Louise: LESA Family Law Refresher 2019)
Griffith, J “Bill C-78, A Chapter in Canada’s Evolving Divorce Laws” (Calgary: LESA Practice Update 2018)
Griffith, J & Savory, L. “Crazy for Family Law – Successfully Managing a Sustainable Family Law Practice” (Vancouver: National Family Program 2018)
Griffith, J “LGBTQ2+ Literacy for Legal Practitioners” (Calgary & Edmonton: LESA Beyond Blended Families 2018)
Griffith, J “Support for Adult Children (It’s Not Over Until It’s Over)” (Calgary & Edmonton: LESA Child and Spousal Support 2017)
Martens, A. & Griffith, J “Crusading for the Holy Grail – Obtaining Timely Disclosure from your Clients and the Opposing Party” (Calgary & Edmonton: LESA Financial Disclosure in Family Law Matters 2016)
Griffith, J & Smith, C “Queering Family Law After Same Sex Marriage” (Whistler: National Family Law Conference 2014)
Griffith, J & Wilkins, J “Making Sure the Money Talks, Not Walks” (Lake Louise: LESA Family Law Refresher 2013)
Media Appearances:
CTV News: Calgary “Polyamoury is Challenging the Definition of Family” (February 16, 2019: https://calgary.ctvnews.ca/video?clipId=1613910&fbclid=IwAR3X5BfOWCNmWSEuxxltFHLJVBKz9K2dUWq7c5L7uUSE_3KUSyJfP3G_Oyo)
CTV News: Calgary “Polygamy and Canada” (February 17, 2019: https://calgary.ctvnews.ca/video?clipId=1614176)
Global News: Calgary “ More Teens are Sexting and Sharing Sexts Without Consent” (February 26, 2018: https://globalnews.ca/news/4049282/teens-sexting-sexts-consent-university-of-calgary/)
News Talk 770 AM “Looking Forward in Family Law” (July 2014: https://soundcloud.com/newstalk770/looking-forward-in-family-law)
Notable Cases:
Kohan v. Kohan 2016 ABCA 125
J. (O.A.) v. K.(S.M.) 2012 ABCA 49
Associations:
Law Society of Alberta
Canadian Bar Association
Alberta Family Mediator’s Society
Calgary Bar Association
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