Appeals FAQ

Sometimes, an accused person is not satisfied with the outcome of a particular trial. In some cases, the person can apply for an appeal at a higher court. The court will review the trial’s fairness and correctness and check the way it was conducted by the court. A...

The issue of an appeal is actually whether the law was executed properly by the justice and whether the decision that the justice arrived at was the one that the justice was entitled to make. It is not really a repeated trial of the case. No new evidence or witnesses...

An Indictable appeal is reviewed at the Court of Appeals of the given jurisdiction and is presented in front of three judges. Indictable appeals are more reserved for serious matters, wherein the Crown may prefer to proceed to the trial by way of indictment. Contact...

In order to understand all the facets of the case being appealed, a broad and full outline of all existing facts and arguments called a Factum is required in the courtroom while the hearing of the appeal is undergoing. This factum has to be prepared ahead of time,...

If the appeal court agrees to the appeal, then a number of things may be affected. Depending on the situation, a successful appeal may bring the judge to order a new trial, at which time the previous conviction is set aside and sometimes even withdrawn. In some rare...

A summary conviction appeal reviews the decision of the trial judge in a minor summary conviction matter such as a domestic assault, impaired driving, theft under $5,000, etc. This type of appeal is made in front of a single judge at the Superior Court of Justice of...

An accused person can start appealing immediately after conviction, whether it is a summary conviction appeal or an indictable appeal. The appeal must be started immediately because 30 days after the initial sentencing, the accused may not be allowed to submit an...

A bail pending appeal may be requested upon the fulfillment of the following conditions: The appeal has the possibility of succeeding The release pending appeal for the accused is not contrary to the public interest The accused is willing to submit him or herself on...