Jun 25
Being denied bail in Ontario can be a devastating blow—for both the accused and their loved ones. While it may feel like the end of the road, a bail denial is not necessarily final. In many cases, you may be eligible to appeal the decision through a bail review in the Superior Court of Justice.
Understanding how the bail appeal process works is essential to taking swift and effective action. At LZZ Defence, we have extensive experience in handling bail reviews and fighting for the release of clients who’ve been wrongfully detained. Here’s what you need to know about appealing a bail decision in Ontario.
What Is a Bail Review?
A bail review is a formal legal process where the Superior Court of Justice re-examines a bail decision made by a lower court. The goal is to determine whether the original decision to deny bail was made in error or whether there has been a material change in circumstances that justifies release.
This is not a second chance at a bail hearing—it’s a structured appeal that follows strict legal procedures and must meet specific criteria to succeed.
When Can You Appeal a Bail Denial?
You can apply for a bail review if:
- The initial bail hearing included a legal or procedural error
- There is new evidence or changed circumstances (e.g., a stronger surety becomes available)
- The bail plan has been significantly improved
Timing is critical. The sooner you consult with a defence lawyer, the better your chances of meeting the necessary deadlines and preparing a strong case.
Steps to Appeal a Bail Denial in Ontario
- Retain an Experienced Criminal Lawyer
Appealing a bail denial involves advanced legal work. Your lawyer must review the original court transcripts, prepare legal arguments, and present a detailed bail plan. This is not something you should attempt without professional legal representation.
- Order the Bail Hearing Transcript
To start the review process, your lawyer will request a transcript of the original bail hearing. This document is used to identify any legal errors made by the judge or justice of the peace.
- File the Bail Review Application
Once the transcript is ready, your lawyer will file a bail review application with the Ontario Superior Court. This includes:
- A notice of application
- Supporting affidavits
- Any new evidence being presented
- A detailed proposed release plan
- Prepare for the Hearing
Your lawyer will present your case before a Superior Court judge, who will decide whether the initial denial was justified or should be overturned. If successful, the judge may grant bail with new conditions.
How Long Does the Bail Review Process Take?
The timeline depends on how quickly the transcript becomes available and the court’s schedule. On average:
- Transcripts may take 1 to 3 weeks
- Once filed, a hearing is typically scheduled within 1 to 2 weeks
This means the entire process may take 3–5 weeks or longer, so prompt legal action is essential to avoid unnecessary time in custody.
How LZZ Defence Builds Strong Bail Appeal Cases
At LZZ Defence, we understand how urgent and stressful a bail denial can be. We work quickly and strategically to appeal bail decisions, using every legal tool available to improve your chances of success.
Here’s how we help:
- Review and analyze the original bail hearing for errors or oversights
- Develop strong affidavits and evidence showing changed circumstances
- Prepare your surety for court and ensure your proposed bail plan is credible and realistic
- Represent you with precision and clarity in Superior Court
Our experienced legal team has a proven track record of overturning bail denials and reuniting clients with their families while they await trial.
Denied Bail? Don’t Wait—Appeal with Confidence
If your loved one has been denied bail in Ontario, you still have legal options. The right defence strategy can turn the tide. At LZZ Defence, we’re ready to fight for your release and protect your rights every step of the way.
📞 Call us today or visit lzzdefence.ca to book a confidential consultation. Let’s build your appeal—and your path to freedom—together.
