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Login to watch this video if you have a subscription. Learn more about subscriptions.Building on Justice Zarnett’s keynote address concerning “What Trial Lawyers Can Learn From Appellate Lawyers” and Peter Kryworuk and Jacob Damstra’s paper on “Appeal Proofing Your Trial: Positioning for (or Protecting Against) the Appeal from a Trial Judgment”, the panel consisting of Justice Zarnett and Peter Kryworuk. moderated by Jacob Damstra, will unpack the interrelationship between the trial and the appeal. They will discuss how trial lawyers can incorporate the important skills of effective appellate advocates, the role of written argument at trial and on appeal, what steps counsel can take at trial to improve their chances of success on appeal, the role for outside counsel and young lawyers in developing and presenting arguments on appeal, and important procedural considerations that distinguish appeals from trial and motion advocacy.
Peter Kryworuk is a Partner at Lerners LLP and Leader of the firm’s Health Law Practice Group. He is certified as a Specialist in Civil Litigation by the Law Society of Upper Canada and is a Fellow of the American College of Trial Lawyers. He has a wide civil litigation and appellate practice which includes medical and professional negligence, personal injury and insurance litigation, product liability litigation, commercial litigation and class action litigation. He has been included in the Best Lawyers in Canada since 2006 and was selected as their Lawyer of the Year – Health Care Law London/Windsor for 2016, Lawyer of the Year – Product Liability Law London/Windsor for 2017 and Lawyer of the Year – Class Action Litigation London/Windsor for 2018. He was selected as one of Canada’s leading Litigation Lawyers by Lexpert\Report on Business. He has been recognized by Lexpert as a leading lawyer in the areas in Medical Negligence, Personal Injury, Product Liability, Professional Liability and Commercial Insurance litigation. He was senior co-counsel for the plaintiffs in Anderson vs. St. Jude Medical, Canada’s first medical device product liability class action common issues trial. He has written and lectured extensively in his areas of practice. He obtained his LLB from the University of Windsor in 1982 and was admitted to the Ontario Bar in 1984. He is a member of the Board of The Advocates’ Society and has volunteered for many charities and community organizations including London Health Sciences Centre, London Health Sciences Foundation, London Community Foundation, Fanshawe College Foundation, Canadian Medical Hall of Fame and London Ukrainian Centre.
Justice Benjamin Zarnett was born and raised in Toronto. He studied political science and philosophy at the University of Toronto before attending Osgoode Hall Law School, where he graduated as the Bronze Medalist in 1975. He was admitted to the Ontario Bar in 1977 and practiced trial and appellate advocacy until his appointment to the Court of Appeal for Ontario in November 2018.
During his career as a lawyer he handled cases ranging across a wide spectrum of issues including corporate, commercial and securities law, shareholder rights, pension rights, professional liability, class actions, insolvency law, taxation, real estate, intellectual property and broadcasting policy. His clients included individuals, law firms, court-appointed officers, companies, financial institutions, Crown corporations and public interest advocacy organizations. He was counsel in fifteen appeals in the Supreme Court of Canada and numerous cases before Ontario's appellate and trial courts, as well as appeals in the Federal Court of Appeal and the appellate courts of Quebec and Newfoundland and Labrador. At the time of his appointment he was a member of the litigation group at Goodmans LLP in Toronto, where he had been a partner since 1990.
He is a former President of the Advocates' Society and a Fellow of the American College of Trial Lawyers. For his contributions to the justice system, he was awarded the Law Society of Ontario Medal (its highest award) in 2006, the Toronto Lawyers Association Award of Distinction in 2007, and the Ontario Bar Association Award for Excellence in Civil Litigation in 2009.
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