Inside this guide:
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
No. If the panel of the Court of Appeal grants leave to appeal from the decision of the summary conviction appeal judge, the parties do not need to file any further materials. The appeal will be heard based on the materials that were before the panel that decided the application for leave to appeal.
The Criminal Appeal Coordinator of the Court of Appeal will contact the parties to set a date for the hearing of the appeal. The appeal will be scheduled for hearing at an early date.
The standard time for oral argument will be 30 minutes for the appellant and 15 minutes for the respondent.
Parties who wish to request more time for oral argument should follow the procedure in s. 10.1 of the Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario.
For information about the process for requesting an adjournment of an appeal that has been listed for hearing, consult s. 10.4 of the Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario.
The judges hearing the appeal may decide the appeal immediately and render the decision in court, or they may reserve the decision and release their reasons at a later time. The court will send an HTML and PDF copy of the signed judgment by email to those parties who have provided an email address on their materials filed with the court. Paper copies of judgments are also available at the court’s Registry Office to those parties who do not have an email address.
Judgments are posted on the court’s website shortly after release at https://www.ontariocourts.ca/coa/decisions_main/.
The court provides advance notice of release of its reserved decisions at https://www.ontariocourts.ca/coa/decisions_main/notice/.
An appeal may be allowed or dismissed. If an appeal is allowed, the panel will set aside the decision under appeal and may order a new trial or, in appropriate circumstances, substitute its own decision. If an appeal is dismissed, the decision of the summary conviction appeal judge stands.
No, there is no automatic right of appeal from the disposition of a summary conviction appeal in the Court of Appeal to the Supreme Court of Canada. The unsuccessful party may apply for leave to appeal to the Supreme Court of Canada under the Supreme Court Act, R.S.C. 1985, c. S-26, s. 40(1).