A trial verdict is not always the end of the road. Judges make mistakes, juries can be misguided, and sentences can be “manifestly unfit.” In Ontario, you have a legal right to ask a higher court to review what happened at your trial. This is called an Appeal.
Kazandji Law‘s Ontario appeals lawyers specialize in the forensic review of trial transcripts. We look for the “legal errors” that the trial judge made — perhaps they allowed evidence that should have been excluded, or they failed to properly instruct the jury. We are not just re-arguing the case; we are arguing that the process was fundamentally flawed.
Summary vs. Indictable Appeals
The venue for your appeal depends on how your original case was prosecuted:
- Summary Conviction Appeals: These are heard by a single judge at the Superior Court of Justice.
- Indictable Appeals: These are heard by a three-judge panel at the Court of Appeal for Ontario in Toronto.
Our Ontario appeals lawyers have the experience to handle cases at both levels, providing the intellectual and legal heavy lifting required to overturn a conviction.
Grounds for Appeal: What We Look For
An appeal is not a “do-over” of the trial. You must prove specific Grounds of Appeal:
- Errors of Law: The judge applied the wrong legal test.
- Unreasonable Verdict: No reasonable jury could have reached that conclusion based on the evidence.
- Fresh Evidence: New, critical evidence has come to light that wasn’t available at the time of the trial.
- Ineffective Assistance of Counsel: Your previous lawyer failed to meet the professional standard required for a fair trial.
FAQs: Working with Ontario Appeals Lawyers
How long do I have to file an appeal?
In Ontario, you generally have 30 days from the date of the sentence to file a “Notice of Appeal.” If you miss this deadline, we must apply for an extension.
Can I get bail while my appeal is pending?
Yes. This is called Bail Pending Appeal. It is a stricter test than regular bail, but we frequently secure release for our clients so they don’t have to wait for their appeal in jail.
What is a “Factum”?
This is the written legal argument we submit to the court. It is the most important document in your appeal.
Can the Crown appeal my acquittal?
Yes, but their rights are more limited. They must prove a significant “error of law” contributed to the not-guilty verdict.
What is the outcome of a successful appeal?
The court can order a new trial, enter an acquittal (you are free), or reduce your sentence.
How much does an appeal cost in Canada?
Appeals are expensive because they require ordering and reading thousands of pages of trial transcripts. We provide a clear fee structure after reviewing your trial results.
Do I have to testify at my appeal?
No. An appeal is based on the “record” of what already happened. You usually don’t even need to speak during the hearing.
What is “Fresh Evidence”?
It must be evidence that is relevant, credible, and could have affected the outcome of the trial if it had been known.
Can I appeal just my sentence?
Yes. If you agree you are guilty but think the jail time was too harsh, we can launch a “Sentence Appeal” only.
Why Kazandji Law for appeals? Our Ontario appeals lawyers are detail-oriented. We find the small legal cracks that others miss.
Challenging a Conviction or Sentence in a Higher Court
If the system failed you, we are here to hold it accountable. Contact our Ontario appeals attorneys today for a transcript review and a realistic assessment of your chances for success.