Frequently Asked Questions and Terms

The Court of Appeal for Ontario is Ontario’s highest court. It is located at Osgoode Hall, 130 Queen Street West, Toronto, Ontario.

The Court of Appeal hears both civil and criminal appeals from decisions of Ontario’s two trial courts, the Superior Court of Justice (including the Divisional Court) and the Ontario Court of Justice. It also hears appeals from the Ontario Review Board.

An appeal in the Court of Appeal for Ontario is not a re-hearing of a case. In an appeal, the person who lost in the trial court argues that the judge made a mistake. If you are bringing an appeal to the Court of Appeal, it is important to identify the mistake that you think the judge has made.

The Court of Appeal cannot change another court’s decision simply because the judges disagree with it. The trial court judge is entitled to hear the evidence and come to their own decision. The Court of Appeal may only change that decision if the trial court made a mistake about the law, or significantly misunderstood the evidence.

The Court of Appeal can dismiss the appeal (that is, it can confirm the decision of the trial court), allow the appeal and order a new trial, or allow the appeal and change the order made by the trial court. 

The Court of Appeal hears both civil and criminal appeals.

Civil appeals deal with subject areas such as commercial disputes, property disputes, family disputes, labour and employment disputes, and bankruptcies and corporate re-organizations. The Court is regularly called upon to consider the fundamental rights of Ontarians arising out of the Canadian Charter of Rights and Freedoms. It also hears appeals involving the review of the decisions of provincial tribunals and administrative action.

Criminal appeals involve a consideration of whether an acquittal or conviction reflects an error in law or is supported by the evidence, and/or whether a sentence is appropriate in the circumstances. In addition to appeals under the Criminal Code, the Youth Criminal Justice Act, and other federal criminal legislation, the Court also deals with appeals from convictions, acquittals and sentences under provincial regulatory legislation, like highway traffic laws, environmental protection laws, and workplace safety laws. 

For most appeals, a panel of three judges hears the appeal. In exceptional situations, the Court may convene a panel of five judges.

The judges at the hearing will already be familiar with the matters in dispute. Before the hearing, they will review the written argument in the parties’ factums and will review the record of the trial court proceedings.

At the hearing, the judges hear oral arguments from the parties involved in the case. These arguments are about the law and how it is to be applied to the evidence as outlined in the factums. The appellant goes first, and the respondent follows. The appellant then has a right to reply. The judges will often ask questions during the hearing.

If the Court of Appeal orders a new trial, the trial does not occur in the Court of Appeal. The Court of Appeal does not hear witnesses or consider new evidence on an appeal, except in rare cases with the permission of the Court. 

The judge(s) may give its decision in court after hearing the argument. Other times, the judge(s) may “reserve” their decision and release it days, weeks of months later. 

In most cases, a person may represent themselves at the Court of Appeal. However, it is recommended that you seek legal advice if possible. Bear in mind that court staff are not able to give you legal advice. 

Yes, Court of Appeal proceedings are open to the public except for matters that have specifically been ordered to be “closed”. 

You do not have an automatic right of appeal to the Court of Appeal in every case. It depends on the kind of case.

In civil proceedings, you generally have a right of appeal to the Court of Appeal from a final order of a judge of the Superior Court, unless the order requires payment of $50,000 or less, dismisses a claim for that amount, or is subject to an appeal to the Divisional Court under the applicable legislation. In some cases, you may require leave (or permission) to appeal. For example, leave to appeal is required if you are appealing an order of the Divisional Court, if the governing legislation states that you need to seek leave, or if the appeal is only as to costs that are in the discretion of the court that made the order for costs.

In criminal proceedings, you generally have a right of appeal to the Court of Appeal in respect of indictable offences. In contrast, appeals from summary conviction offences are heard first by the Superior Court of Justice, with a further appeal to the Court of Appeal requiring leave.

In those cases that require “leave” to appeal, you need permission to bring your appeal. Leave to appeal will be granted by a single judge or a panel of three judges, depending on the circumstances. Sometimes motions for leave to appeal are heard in writing (i.e. there is no oral argument) and sometimes they are heard orally (i.e. in addition to filing written arguments, the parties appear before a judge or judges to make oral submissions). 

Most motions are heard by a single judge, though there are certain types of motions that must be heard by a three-judge panel. For example, motions for leave to appeal in most civil proceedings are heard by a panel of three judge in writing, without oral argument.

The materials to be filed on a motion typically include a Notice of Motion (Form 37A), a motion record, transcripts (if any), and a factum. The filing requirements may be flexible depending on the nature of the motion and the circumstances of your case.

Materials to be used on a motion must be served on the opposing party and filed with the Court.

Procedures for civil motions at the Court of Appeal are governed by rule 61.16 of the Rules of Civil Procedure. The court has also issued a Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario with further information.

Procedures for criminal motions are governed by the Criminal Appeal Rules. The Court has also issued a Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario with further information. 

Yes. The appeal period varies, depending on the types of decisions or orders at issue. It is very important to check the appropriate statute or regulation that applies to your case. 

If you have missed the deadline for filing an appeal, you may bring a motion to request an extension of time to file your Notice of Appeal. You must file an affidavit in support of your motion. The affidavit must set out the reasons why the appeal was not filed during the required appeal period. A judge will hear the motion and decide whether to grant you an extension of time.

In some cases, it may also be possible to file a Notice of Appeal after the deadline if the other party consents. 

The appeal process is complex. In civil appeals, the appellant must serve and file a Notice of Appeal (Form 61A) and the Appellant’s Certificate Respecting Evidence (Form 61C). The appellant must also file proof that copies of the Notice of Appeal and Appellant’s Certificate Respecting Evidence were served on the respondent. Proof of service should be in the form of an affidavit (Form 16B), indicating when, where, and how the documents were served, or an admission by the party receiving the documents that they have been served.

In criminal appeals, you must also file a Notice of Appeal. However, the form to be used varies depending on the nature of the appeal. For information specific to your criminal appeal, you should click here and review the Criminal Appeal Rules. 

In addition to the documents required to start an appeal, other documents are required to “perfect” the appeal. This means all the necessary documents have been served and filed with the Court of Appeal, with proof of service, within the relevant time periods.

In civil appeals, you must file an appeal book and compendium, an exhibit book, a factum, and transcripts of evidence (if any). You must serve these documents on the respondent first, and then file them with the Court of Appeal along with proof of service. Proof of service should be in the form of an affidavit (Form 16B), indicating when, where, and how the documents were served, or an admission by the party receiving the documents that they have been served. Once those documents are filed, the last step is to file a Certificate of Perfection, which indicates you have served and filed all the necessary documents. Rule 61.09(3)(c) of the Rules of Civil Procedure explains the information you should include in your Certificate of Perfection.

In criminal appeals, you must file an appeal book, a factum, and copies of any relevant transcripts of evidence. A compendium is optional, but recommended. Like in civil appeals, you must serve these documents on the respondent first, and then file them with the Court of Appeal with proof of service and the Certificate of Perfection. Section 18(2) of the Criminal Appeal Rules explains what the Certificate of Perfection requires.

There is a fee to perfect a civil appeal, which you must pay when you file the Certificate of Perfection. There is no fee to perfect a criminal appeal. 

For a full listing of all legislated Court of Appeal fees, click here.

For information on what to do if you can’t afford to pay the fees in your case, click here. 

Once the Court of Appeal receives all the necessary documents, a date will be set for the hearing of the appeal that is agreeable to all the parties. 

Judgments of the Court of Appeal are published in English, French or, in some cases, both English and French. Free access to electronic copies of recent court decisions is available through the Court of Appeal website or https://www.canlii.org/en/. The Centre for Legal Translation and Documentation also maintains a website with certain decisions from the Court that have been translated into French. Most decisions of the Court are available only in English or French and not both languages. 

If your appeal is dismissed, the Court of Appeal may assess costs against you. In civil matters, cost awards are common. In criminal matters, costs are generally not awarded, either for or against the Crown. 

Yes, in some cases an appeal can be taken to the Supreme Court of Canada in Ottawa. In most cases, leave to appeal from the Supreme Court of Canada is required. 

Court staff may be able to answer some of your procedural or administrative questions about the Court, but they cannot provide legal advice. If you have questions, you should speak with a lawyer. 

The Law Society of Ontario has an online Law Society Referral Service that gives you the name of a lawyer or licensed paralegal who can give you free legal advice for up to 30 minutes in any area of law. If you cannot wait for a legal representative to call you back, or if you do not have a call-back number, email lsrs@lso.ca. Or, if you are in crisis or in custody, call 1-855-947-5255 or 416-947-5255, Monday to Friday, between 9:00 a.m. and 5:00 p.m.

If you are unable to afford a lawyer, you may wish to attend a free legal clinic in your area, or apply for legal aid. For more information, you may contact Legal Aid Ontario at 1-800-668-8258 between Monday and Friday from 8:00 a.m. to 5:00 p.m. 

JusticeNet helps people find a legal professional if their income is too high to qualify for Legal Aid but too low to afford legal fees. If your net family income is less than $59,000, JusticeNet may refer you to an online directory of lawyers, paralegals, and mediators who provide help at reduced rates. You may contact JusticeNet at 416-479-0551 or toll-free at 1-866-919-3219.

If you are representing yourself, either because you do not qualify for Legal Aid or because you choose to do so, you may nevertheless wish for assistance. Pro Bono Ontario helps self-represented persons on civil matters at the Court of Appeal. You may contact Pro Bono Ontario at 1-855-255-7256, Monday to Friday between 9:30 a.m. and 12:00 p.m., and from 1:00 p.m. to 4:00 p.m.