As the New Year begins, it’s a natural moment for renewed focus. With that in mind, this post offers a brief discussion on appeals.
While our firm does not provide representation in family law matters, two recently released decisions from the Ontario Court of Appeal arising from family law proceedings offer a timely reminder that some opportunities do not reset with the calendar.
Appeals are an exercise in correcting genuine legal errors and, in limited circumstances, material errors of fact. They are not an opportunity to re-argue the same issues or re-weigh the evidence. As such, getting it right the first time is critical.
In Lau v. Tao, 2025 ONCA 819, the Court of Appeal largely upheld the trial judge’s analysis, permitting only a narrow correction. The Court emphasized that significant deference is owed to trial judges, particularly with respect to findings of fact and mixed questions of fact and law. Mere disagreement with how evidence was weighed, or with the trial judge’s assessment of competing narratives, is insufficient to justify appellate intervention.
The same principle emerged in M.E. v. Children’s Aid Society of Toronto, 2025 ONCA 838. There, the Court refused late appeal relief, characterizing the proposed appeal as frivolous and, in substance, an attempt to re-litigate issues that had already been decided. The Court made clear that procedural rules and principles of finality exist for good reason.
Taken together, these decisions reinforce a fundamental principle of litigation: the foundation of a case is built at first instance. Evidence must be carefully presented, legal issues clearly framed, and the record fully developed at trial.
As we kick off the New Year, the courts have sent a clear message—getting it right the first time is essential to the success of any litigation matter.
If your business has ongoing litigation or is considering a potential appeal and would like guidance on how to position the matter effectively, please feel free to reach out to the undersigned.
Ariel Dorfman, Associate Lawyer