How To file an Appeal in Canadian Court ?

The court process is always stressful, and it's sometimes lengthy. It takes long time to decide a case. It's especially harrowing when you lose you case and need to file an appeal. Firstly, the person who loses his case is under dilemma, whether to proceed further or not and if he decides to proceed, than how to deal with the dismissal order. Even though your law firm will handle the process, but knowing what that process is may give you some peace of mind.

How Do You File an Appeal in Ottawa?

The court process is always stressful, and it's sometimes lengthy. It takes long time to decide a case. It's especially harrowing when you lose you case and need to file an appeal. Firstly, the person who loses his case is under dilemma, whether to proceed further or not and if he decides to proceed, than how to deal with the dismissal order.
          Even though your law firm will handle the process, but knowing in which cases appeal can be filed and what is the process of filing appeal may give you some peace of mind.

What Kind of Cases Can Be Appealed?

Contrary to common belief, and appeal is not a trial or a rehearing of your case. Appeals are sought when the appellant, or person appealing the case, feels that there was a legal error made during the original trial. The other side of the equation is the respondent. Cases cannot be appealed just because one side or the other doesn't like the outcome.

How Do You File an Appeal?

Ideally, this should be done in court at the conclusion of the original case, but you have 30 days to file. The appellant's lawyer will ask for motion for leave to appeal, and state the grounds for requesting the appeal. If the judge agrees, leave will be granted and the case continued.

The barrister will then file two documents with the the Divisional Court, a Notice of Appeal and Appellant’s Certificate Respecting Evidence. Then, it's up to the respondent to file the Respondent’s Certificate Respecting Evidence so they will have the information necessary to defend their side.

The next few steps in the process involve each side gathering and releasing a flurry of documents. The appellant will order transcripts of the original trail, if needed, files:

- Appeal Book and Compendium
- Exhibit Book
- Factum
- Transcripts
- Book of Authorities
- Certificate of Perfection

The respondent will then file their own set of documents that includes:

- Respondent’s Compendium
- Factum
- Book of Authorities

Once all of the documents are served and filed with the court, a hearing date will be set. Appeals made to family court decisions need to file a Rules of Civil Procedure form, and there is a modified timeline of 14 days rather than 30 for appeals in family court. The decision will normally be given the same day at the hearing.

What if Your Lose Your Appeal?

If your appeal is granted, one of three things can happen:

- The original decision will be vacated
- The judge will order a new trial
- The judge may make his or her own determination

If the judge dismisses the appeal, the original decision will stand and the stay will be lifted. The appellants then has the option of asking the Court of Appeal for Ontario for leave to review the Divisional Court decision. If that is granted, the process begins again.

No one should enter any court or hearing without qualified legal counsel by their side. Legal jargon and paperwork aside, you can see by the complexity of the process why you need a lawyer.
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