What is an Appeal?
The appeal process in Canada exists to allow a trial decision to be reviewed by a higher-level court to ensure the decision was legally correct and to prevent injustices. Following a trial, the losing party has a limited amount of time to initiate an appeal. The other party may also initiate a cross-appeal to challenge part of the trial decision despite the earlier success.
How do I Appeal my Summary Conviction?
If you were convicted of a summary conviction offence, you will need to appeal to the Superior Court of Justice in the city where your conviction was entered. For example, if you are convicted at Old City Hall in Toronto, you will need to appeal to the Toronto Superior Court.
Within 30 days of your conviction, you will need to file a notice of appeal. If you have an appellate lawyer, they will file on your behalf, but if you do not, and you are in custody, you will need to file an inmate notice of appeal.
How do I Appeal an Indictable Offence?
If your matter was straight indictable or the Crown proceeded by indictment, you will need to appeal to the Ontario Court of Appeal which is in Toronto. Within 30 days of your conviction, you will need to file a notice of appeal. If you have an appellate lawyer, they will file on your behalf, but if you do not, and you are in custody, you will need to file an inmate notice of appeal.
Does your Firm Handle Appeals?
If you are looking to appeal your conviction or sentence, contact Lockyer Zaduk Zeeh at 416-613-0416 to schedule a consultation. We regularly review convictions and sentences to determine the merits of an appeal. If you are unsure if your case is appropriate for an appeal, please let us review your case to help you understand the process, and the merits of your appeal.