What the Courts of Appeal does
The courts of appeal — the Court of Appeal for Ontario, the BC Court of Appeal, Quebec's Court of Appeal and their counterparts — hear appeals from the superior courts and, on defined routes, from the provincial courts — criminal convictions and sentences, civil judgments, family orders. Some appeals lie as of right (criminal convictions among them); others need leave — permission — where the court filters for arguable error and importance. The court works from the trial record, written factums and time-limited oral argument, and disposes by dismissing, allowing (substituting the correct result), or ordering a new trial. Deference frames everything — findings of fact and credibility are respected absent palpable and overriding error; questions of law are reviewed for correctness; sentences and discretionary orders are disturbed only for errors in principle or demonstrable unfitness.
What it hears
- Criminal conviction and sentence appeals — from indictable matters directly, from summary matters via the appeal routes
- Civil appeals from superior-court judgments — with leave where required
- Family appeals — parenting, support and property orders
- Applications within appeals — leave, stays of execution, bail pending appeal, fresh evidence
- References and other matters assigned by statute
Before your first court date
The deadline is the first battlefield — notices of appeal are commonly due within 30 days of the decision (criminal and civil rules vary slightly by province), and extensions are discretionary, not assumed. Decide fast, with advice on the honest question — is there an arguable error of law, or just an unwelcome result? Order the transcripts immediately (they take time and gate everything), and consider the interim positions — a stay if the judgment is about to be enforced, bail pending appeal in criminal matters, each with its own test and urgency.
What happens at your first appearance
Most appeals have no early court date at all — the work is the record and the factum, the written argument with authorities that carries the appeal. Case-management or chambers appearances deal with schedules, leave and interim relief before a single judge. The hearing itself is argument only — a panel of three (sometimes five), hot with questions, no witnesses, strict time limits — and judgment is frequently reserved to writing. For self-represented litigants the courts publish guides, but this is the most technical level of the system, and the factum is where appeals are won or lost.
What to prepare
- The judgment or order under appeal, with reasons — and a precise list of the errors alleged
- Transcripts of the proceedings below, ordered immediately
- The appeal book or record assembled to the court's rules
- The factum — the written argument, compliant in form and disciplined in content
- Any interim applications — stay, bail pending appeal — prepared to their own tests
When to get legal advice
This page is general legal information, not legal advice. Appellate work is its own craft — identifying reviewable error, standard of review, record discipline — and the 30-day clock forces the decision before grief has settled. Legal Hotline's free line explains the appeal routes and deadlines any hour on 1-855-529-1555 — and a one-hour consultation with a Canadian lawyer (C$295, the total, nothing added) can be booked right on the call, which for appeals is best used the week the judgment lands.
Where it is
Each province's court of appeal sits in its principal city — Toronto's Osgoode Hall for Ontario, Vancouver's Law Courts for BC, Montreal and Quebec City for Quebec's court, Calgary and Edmonton for Alberta's — with some courts travelling on circuit. The registry named in your notice of appeal is the operational address.
Frequently asked questions
Can I appeal just because the judge got it wrong?
Only if "wrong" means legally wrong or unreasonably decided — an error of law, a misapprehension of evidence that mattered, a verdict no reasonable trier could reach, a sentence built on wrong principles. Disagreement with credibility findings and factual weighing almost never succeeds, because deference to the trial court on facts is the system's spine. The first professional conversation about any appeal is exactly this filter, honestly applied.
How long do I have to appeal?
Usually 30 days from the decision — with provincial variations by stream and shorter periods for some matters — and the transcripts and appeal book have their own downstream deadlines. Extensions exist but are discretionary and need explanation. The operational advice is unromantic — get the judgment reviewed for appealable error within days, not weeks, of it landing.
Does appealing stop the judgment being enforced against me?
Not automatically. Money judgments can be enforced pending appeal unless a stay is granted; family orders generally continue to operate; criminal sentences begin unless bail pending appeal is obtained on its own test (arguable grounds, surrender assured, detention not necessary in the public interest). If enforcement or custody is imminent, the stay or bail application is as urgent as the appeal itself.
What are my chances on appeal?
Statistically modest and case-specific — most appeals fail, because deference filters out result-disagreement, and the ones that succeed usually turn on a clean question of law or a demonstrable error in principle. The useful version of the question is not the win-rate but the merits review — a professional read of the reasons against the standards of review. That is precisely what the first appellate consultation exists to deliver.