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Disclaimer: The contents and legal materials on this site are intended as general legal information for convenience of reference only and should not form the basis for legal advice of any kind.

Information for Lawyers

    Table of Contents
    Appeals in the Court of Appeal
    Expert Assistance
    Professional Experience
    Contact Information for Advice and Assistance
    10 steps to a Good Oral Argument
    7 steps to a Good Written Argument

Appeals in the Court of Appeal

Mr. Bloos can be of help to you in appellate matters. The provision of appellate counsel and agency services is his only practice area.

From the offices of Beresh Cunningham Aloneissi O'Neill Hurley, Mr. Bloos can provide a full range of specialized Court of Appeal services. Those include full representation of clients, specialized research or drafting of the written argument, and full counsel services or professional advice in relation to applications for leave to appeal and/or appeals to the Supreme Court of Canada, applications for leave to appeal from summary conviction appeals, bail related applications pending appeal, and applications to introduce fresh evidence, extend the time within which to file legal argument or related matters.

Expert assistance is only a phone call away

Appellate practice in Canada has become specialized. For over 25 years the Alberta Crown has maintained a group of appellate counsel who do nothing but appeals. The same is true for British Columbia, Saskathchewan and other jurisdictions. Therefore, on appeal, your opposition is always very capable and very well prepared.

The Court of Appeal is no place for inexperienced practitioners. To be successful appellate counsel must be well prepared and have filed persuasive and effective written materials in support of their appeal. It is no secret that 85 - 90% of all appeals are determined upon the written argument. A trial memo will not do.

There is both an art and an acquired skill to identifying successful grounds of appeal and then to writing a good appellate factum. Mr. Bloos has developed those skills as a consequence of the work required when completing his Masters degree in law and through long experience in courts of appeal. He would be pleased to make those skills available to you or your clients.

Marvin's professional experience

Mr. Bloos has a Master's Degree in Criminal Law and has practiced criminal law for over 25 years. Since 1989 he has restricted his practice to appeals. He was the first lawyer in eastern or western Canada to restrict his practice to appeals. He has represented hundreds of clients before the Supreme Court of Canada or the Courts of Appeal of British Columbia, Alberta, and Saskatchewan. Lawyers across Canada regularly consult him concerning criminal law or appellate practice. He is the immediate past National Chair of the Canadian Council of Criminal Defence Lawyers and a Past-President of the Alberta Criminal Trial Lawyers Association. Marvin taught Advanced Criminal Law at the University of Alberta, has a number of published criminal law articles to his credit, and is a contributing editor of the Criminal Appeals Law Reporter.

Please contact Mr. Bloos for advice or assistance

If you have a client that wishes to appeal to the Court of Appeal Mr. Bloos would certainly be pleased to have your referral. If you are acting on behalf of a client on an appellate matter or might do so in the future, Marvin would be happy to provide tactical advice, precedents and agency or other services. Please contact him concerning your appeal or other matter using our toll free 1-877-277-4766 number, or by e-mail at bloos@appeals.ca.
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10 Steps to a Good Oral Argument

  • Before You Begin
  • During Your Submissions


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      During
      1. Speak clearly, make eye contact and avoid annoying mannerisms. Use your full voice. Impose your own "no reading" rule; boring is bad.
      2. Focus the Courts attention on the most important aspects of the appeal.
      3. Welcome questions, consider them carefully, use them to your advantage.
      4. Don't repeat yourself. Use the three "B's: be clear, be brief, be gone.
      5. Remember, appellate Courts are swayed by logic not emotion. You must give them a reason in law or principle to find in your favour.

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    7 Steps to Good Written Argument

    1. Limit the issues on appeal and draft those with precision and care: shotguns are for duck hunting.
    2. Present a clear, accurate and fair statement of facts which set up your arguments. Cite to the record. Don't leave out facts that hurt. Exclude irrelevant but distracting detail such as street addresses or exact dates when nothing turns on them.
    3. Focus your argument on the issues and state it with clarity and logic. Avoid complexity. Simple English and short sentences are best.
    4. Edit, re-draft, edit and re-draft. Say it once and clearly. Cut all "clutter". They are called "briefs" for a reason.
    5. Remember, your task is to make things as clear and simple as you can. That takes time and skill.
    6. Know the applicable rules and practice directions and follow them. Keep track of deadlines.
    7. Have someone read your factum to check for understandability, flow, level of complexity, grammar, spelling and tone. Edit, polish and finalize it.

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