Guide to Appeals of Summary Conviction Appeals in the Court of Appeal for
Ontario (Non-Inmate)
Inside this guide:
Introduction
Part
One: Starting an appeal
Part
Two: Responding to an appeal
Part
Three: Hearing the application for leave to appeal
Part
Four: Hearing the appeal
Part Five: Procedures where a
stay of a driving prohibition is sought
Quick
Reference Chart: Documents Filed in appeals at the Court of Appeal
Part Five: Procedures Where a Stay of a Driving Prohibition is Sought
When
a party is seeking to stay a driving prohibition under s. 261 of the Criminal
Code and is also seeking leave to appeal a decision of a summary conviction
appeal judge under s. 839 of the Criminal Code, an application must be
brought to a single judge of the Court of Appeal sitting in chambers by filing
a Notice of Application for Leave to Appeal and an Application for a Stay.
A
single judge of the Court of Appeal may make an order under s. 261 of the Criminal
Code staying a driving prohibition that was imposed under s. 259 of the Criminal
Code. The judge may order a stay only if the judge first decides that leave
to appeal from the summary conviction appeal judge should be granted. If the
judge decides to grant leave to appeal, then the same judge will go on to
decide whether to impose a stay of the driving prohibition. If the judge
refuses to grant leave to appeal, then the application for the stay will be dismissed.
The
judge will decide the questions whether to grant leave to appeal from the
summary conviction appeal judge's decision and, if leave is granted, whether to
grant or refuse a stay of the driving prohibition, based on the parties'
written materials, unless the judge requests oral submissions from the
parties.
For
the procedures that apply to an application for an order staying a driving
prohibition under s. 261 of the Criminal Code, consult s. 16 of the Practice Direction Concerning Criminal
Appeals.
What are the major steps in an appeal of a summary conviction appeal judge
where a stay of driving prohibition is sought?
The
major steps in an appeal of a summary conviction appeal judge where a stay of a
driving prohibition under s. 261 of the Criminal Code is sought are as
follows:
The applicant serves
and files a Notice of Application for Leave to Appeal and Application for
a Stay (Form B) within 30 days of decision of the Superior Court
judge. The Notice must be filed, together with proof of service, at least
seven business days before the hearing date indicated in the Notice. |
At least seven
business days before the hearing date indicated in the Notice, the applicant
files, with proof of service, one copy of an Application Record. The
content of the Application Record is described in
s. 16 of the
Practice Direction Concerning Criminal Appeals in the Court of Appeal. |
The applicant serves
and files one copy of an Applicant's Factum that consists of a concise
statement of the facts and law relied on by the applicant. A Book of
Authorities may be filed. |
The respondent shall
e-mail all parties and the motions clerk of the Court of Appeal at COA.E-File@ontario.ca (with "Attention Motions Clerk" in
the subject line) to indicate its position on the application. |
The respondent
shall serve and file any additional materials that may assist the judge in
deciding the application by 12 noon on the day before the application is
heard. |
The materials are placed before a single
judge of the court sitting in chambers. The judge shall decide whether to
grant or refuse leave to appeal based on the written material (no oral
argument is presented, unless permitted by the judge). If the judge decides
to grant leave to appeal, the judge will next decide whether to grant an
order staying the driving prohibition. |
The court will email
all parties a scanned copy of the endorsement disposing of the application. |
If leave to appeal
is granted (and regardless whether the stay was granted), the appellant shall
perfect the appeal within 30 days of the order granting leave to appeal. |
To perfect the
appeal, the appellant must serve and file, with proof of service: i) three
paper copies of an Appellant's Factum and, where possible, one
electronic copy of the Appellant's Factum; ii) three paper copies of the Appeal
Book including any Transcripts from the trial in the Ontario Court of Justice
as required for the hearing of the appeal; and iii) three paper copies of any Transcript required from the proceeding in the Superior Court of
Justice (e.g., testimony of additional witnesses or oral reasons of the
summary conviction appeal judge), and one electronic copy of the Transcript (if
available). A Book of Authorities may be filed no later than 5
business days after the date when the Appellant's Factum is filed. |
The Appellant's Factum must consist of the
contents described in Rule 16 of the Criminal
Appeal Rules. The Appeal Book must consist of the contents set out in Rule 14 of the Criminal
Appeal Rules, including any Transcripts from the trial in the Ontario
Court of Justice as required for the hearing of the appeal, and the Notice of
Appeal filed in the Superior Court of Justice and the Factums filed in the
Superior Court of Justice: s. 16 of the
Practice Direction Concerning Criminal Appeals in the Court of Appeal for
Ontario. |
The respondent serves and files three
copies of the Respondent's Appeal Book (if any) and the Respondent's
Factum, together with an electronic copy of the Respondent's Factum, if
possible. A Book of Authorities may be filed no later than 5 business
days after the date when the Respondent's Factum is filed. |
After the appeal is perfected, the court
will contact the parties to set a hearing date. |
The standard time
for oral argument will be 30 minutes for the appellant and 15 minutes for the
respondent. Parties requesting more time should contact the Criminal Appeal
Coordinator: see the Court of Appeal's website for contact information. |
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