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How do you appeal a Provincial Court decision?

Region: Ontario Answer # 2661

To start an appeal, the appellant (the person starting the appeal) must file a Notice of Appeal with the court office where their trial took place:

  • If a Justice of the Peace heard your case, the appeal is heard by the Ontario Court of Justice
  • If an Ontario Court Judge heard your case, it goes to the Superior Court of Justice

The appellant must briefly explain the specific errors they believe were made at their trial.

Appeals from convictions or sentences must be started at least thirty days from the date the sentence was imposed. If this deadline is missed, the appellant must apply extension and explain the delay. In most cases, the appellant must pay their fine in full before filing an appeal.

For serious offences (found in Part III of the Provincial Offences Act), the appellant will be required to order their trial transcripts (a written record of everything said at the original trial) and they are required to serve their Notice of Appeal to the prosecutor within 30 days of the conviction and before filing it with the appeal court office.

More information

For more information, refer to the Ontario Courts Guide to Appeals in Provincial Offences Cases.







								

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