--- title: "Constitutional & Appellate Litigation ✦ Goldwater Droit" canonical_url: "https://goldwaterdroit.com/en/services/constitutional-appellate-litigation" last_updated: "2026-09-03T05:46:24.621Z" locale: en meta: description: "We handle appeals when courts misapply the law, ignore key evidence, or were affected by lack of full and frank financial disclosure, concealment of assets, or other appealable reasons. We also bring Charter challenges when legislation violates fundamental rights, violate constitutional separation of powers, or discriminate unjustly. " "og:description": "We handle appeals when courts misapply the law, ignore key evidence, or were affected by lack of full and frank financial disclosure, concealment of assets, or other appealable reasons. We also bring Charter challenges when legislation violates fundamental rights, violate constitutional separation of powers, or discriminate unjustly. " "og:title": "Constitutional & Appellate Litigation" --- Home #### *Our Services* ### Constitutional & Appellate Litigation Lawyers in Montreal When the court gets it wrong, we make it right. We handle urgent appeals, challenge discriminatory laws, and reopen judgments obtained through fraud or procedural violations. Whether correcting legal errors, protecting Charter rights, or adapting orders to life changes, we navigate Quebec's appellate and constitutional litigation with precision and strategic vision. ### The system can get it wrong. We make it right. [Book a Consultation](https://goldwaterdroit.com/en/our-team) ### Our Clients ##### Parents With Outdated Orders Job loss, relocation, or your child's changing needs made current custody or support arrangements unworkable. We modify orders when life circumstances make existing judgments impossible to follow. ##### Those Affected by Legal Errors The judge misapplied the law, ignored key evidence, or procedural mistakes affected your case outcome. We appeal judgments where legal errors cost you what you deserved. ##### Victims of Concealment and Fraud Hidden assets surfaced after your judgment, income was understated, or documents were falsified. We reopen closed cases when fraud prevented fair division of property or support. ##### Those Challenging Unequal Treatment Quebec law may sometimes treat certain groups differently based on marital status, religion, or other protected grounds in an unjustified manner. We launch Charter challenges when laws or court practices violate fundamental rights. ##### Support Payors Facing Financial Crisis Unemployment, disability, or business collapse can destroy your income while support obligations continue. We file urgent modifications when SARPA doesn't apply or emergency relief is needed. ### Our Experience Common-law spousal rights challenging Quebec's exclusion of common-law spouses as Charter discrimination (Eric v. Lola) Child support inequality Supreme Court charter challenge to Quebec's unequal child support tables Religious freedom protection Supreme Court victory defending religious rights against Get-based damages (Bruker v. Marcovitz) 150+ judgments obtained from the Quebec Court of Appeal across all areas of family law, spanning divorce, custody, and support Active constitutional challenge against Quebec's new Unified Family Tribunal, protecting judicial independence and access to justice (2025, ongoing) Post-judgment modifications successfully revising judgments for changed circumstances ### Our Services #### Emergency Support Modifications Life doesn't wait for court dates. When income drops, medical crises hit, or children's needs explode, we file urgent motions to modify support before debt crushes you. We prove material changes through employment records, medical documentation, and financial statements that courts cannot ignore. - Job loss modifications - Disability adjustments - Retirement transitions - Children aging out - University expense additions - Emergency medical needs #### Custody & Access Changes Children's needs evolve, orders should too. We modify parenting arrangements when relocation, safety concerns, teenager preferences, or parental capacity changes demand new structures. Our evidence-based approach documents why current orders no longer serve your children's best interests. - Relocation applications - Safety-based restrictions - Teenager preference recognition - Capacity improvements - Schedule modernization - Decision-making updates #### Constitutional & Charter Challenges When the system itself is unfair. We raise Charter arguments when court decisions violate fundamental rights: religious freedom, equality, language rights, or access to justice. Our constitutional litigation includes challenging discriminatory laws and systemic barriers affecting family litigants. - Religious discrimination claims - Gender equality violations - Language rights protection - Access to justice barriers - Systemic bias challenges - Precedent-setting appeals #### Court of Appeal Litigation Some errors demand higher court intervention. We identify appealable mistakes: misapplied law, ignored evidence, procedural violations, or judicial bias. With 30-day deadlines and strict filing rules, we move fast to preserve appeal rights while building compelling appellate arguments. - Legal error identification - Notice of appeal filing - Appellate brief drafting - Oral argument preparation - Stay applications - Expedited hearings #### Judgment Reopening & Fraud Claims Lies have consequences. When hidden assets surface, concealed income emerges, or fraudulent documents are discovered, we reopen closed cases under C.C.P. articles 345-350. Time limits are strict, but fraud, procedural violations, or new evidence can unlock settled judgments. - Asset concealment discovery - Income fraud exposure - Document falsification - Procedural violation claims - Default judgment reversals - Retroactive adjustments ### Our Approach #### Rapid Case Assessment Appeals have a 30-day deadline. Modifications need immediate filing to stop accumulating debt. We review your judgment within 48 hours, identifying grounds for appeal, modification potential, or reopening possibilities. Quick assessment prevents lost opportunities. #### Strategic Threshold Analysis Not every unhappy outcome is appealing. We honestly assess whether legal errors exist, if changes are "material," or if fraud can be proven. When thresholds aren't met, we explore alternatives: negotiations, payment plans, or waiting for stronger grounds. #### Procedural Precision Post-judgment proceedings have rigid rules. One missed deadline or improper filing kills your case. We navigate notice requirements, service rules, filing procedures, and hearing protocols that trap self-represented litigants. Technical compliance preserves substantive rights. #### *Book with the right lawyer for your appeal or Charter matter* ### Meet the lawyers handling constitutional and appellate litigation Connect with litigators who regularly handle appeals, post-judgment strategy, constitutional challenges, and urgent review proceedings across Quebec. [*Anne-France Goldwater*](https://goldwaterdroit.com/en/our-team/anne-france-goldwater) Founding Partner [Email](mailto:afg@goldwaterdroit.com) [Download vCard](https://goldwaterdroit.com/_content-assets/profiles/anne-france-goldwater/attachments/me-anne-france-goldwater.vcf) [LinkedIn](https://www.linkedin.com/in/anne-france-goldwater-a66a8411/) [View Profile ](https://goldwaterdroit.com/en/our-team/anne-france-goldwater) [**Book Now**](https://book.goldwaterdroit.com/v2/#book/service/1) [*Eric Kirshner*](https://goldwaterdroit.com/en/our-team/eric-kirshner) Partner [Email](mailto:ek@goldwaterdroit.com) [View Profile ](https://goldwaterdroit.com/en/our-team/eric-kirshner) [**Book Now**](https://book.goldwaterdroit.com/v2/#book/service/46) [*Émylia Morin*](https://goldwaterdroit.com/en/our-team/emylia-morin) Associate [Email](mailto:em@goldwaterdroit.com) [View Profile ](https://goldwaterdroit.com/en/our-team/emylia-morin) [**Book Now**](https://book.goldwaterdroit.com/v2/#book/service/48) [*Natalie Shelkovsky*](https://goldwaterdroit.com/en/our-team/natalie-shelkovsky) Associate [Email](mailto:ns@goldwaterdroit.com) [Download vCard](https://goldwaterdroit.com/_content-assets/profiles/natalie-shelkovsky/attachments/natalie-shelkovsky.vcf) [LinkedIn](https://www.linkedin.com/in/natalie-shelkovsky-38ab6419b/) [View Profile ](https://goldwaterdroit.com/en/our-team/natalie-shelkovsky) [**Book Now**](https://book.goldwaterdroit.com/v2/#book/service/26) #### *Tell us what decision, ruling, or constitutional issue you need reviewed and what deadline is approaching.*### Inquire about your case ### Areas served**We represent clients across Greater Montreal and throughout Quebec.** Our service area includes Westmount, Côte-des-Neiges, Notre-Dame-de-Grâce (NDG), Outremont, Plateau, Downtown Montreal, Laval, Longueuil, Brossard, LaSalle, Verdun, Pointe-Claire, Dorval, Kirkland, Beaconsfield, Vaudreuil, Saint-Laurent, Dollard-Des-Ormeaux, Saint-Léonard, Rosemont, and Villeray. We also appear regularly in courthouses across Quebec, including Montreal, Saint-Jérôme, Terrebonne, Valleyfield, Joliette, Granby, Saint-Hyacinthe, Sherbrooke, Drummondville, Trois-Rivières, Gatineau, and Quebec City.