If you are considering an appeal, one of the first questions you may ask is, “How long does an appeal take in Ontario?” Appeals can vary quite a bit in how long they take depending on the case type and court involved. Knowing what to expect can help you make informed decisions and prepare for the steps ahead.
Appeals are a vital part of Ontario’s legal system. They allow parties to challenge decisions they believe were reached in error. However, the process is rarely quick. It requires detailed preparation, adherence to deadlines, and consideration of the court’s schedule. Understanding the factors that influence the timeline can help set realistic expectations and avoid unnecessary delays.
Why Appeal Timelines Matter in Ontario
The duration of an appeal is more than a matter of convenience — it directly impacts the lives of the people involved. For appellants, delays mean waiting longer for a possible reversal or change of a decision. Respondents, on the other hand, may face ongoing uncertainty about their legal standing. Timely resolutions are important for ensuring there is efficient justice.
Ontario’s legal framework requires strict adherence to the timelines for filing notices of appeal and submitting supporting documents. Missing these deadlines can jeopardize your case. Long wait times can also affect your access to justice, especially for individuals facing financial or emotional strain due to lengthy litigation.
In Ontario, the Divisional Court and the Court of Appeal for Ontario handle most appeals. Each has unique procedures and timelines based on the type and complexity of the case. They can resolve some appeals in as little as six months. Others may take longer.
Typical Durations for Civil and Criminal Appeals
How long does an appeal take in Ontario?
Appeal timelines in Ontario depend largely on the court system. Here are the average durations:
• Divisional Court – This court hears civil appeals and judicial reviews of administrative decisions. On average, appeals here take six months to a year to reach a decision. Cases involving limited evidence or simpler legal arguments may be dealt with sooner.
• Court of Appeal for Ontario – As Ontario’s highest court, the Court of Appeal handles complex civil and criminal cases. Timelines can range from nine months to over a year, depending on the number of parties and the court’s caseload.
These timelines provide a general idea. Specific cases may take longer or shorter periods to resolve. It’s about the circumstances.
What Influences the Timeline of an Appeal?
A number of factors can affect how long an appeal takes in Ontario, including:
Case Complexity
The complexity of the case is an important factor in determining the timeline. For example:
• Appeals involving extensive trial records with transcripts or multiple legal issues that may require more time for review and argument.
• Cases raising novel legal questions or constitutional issues may also take longer as the court considers broader implications.
Court Schedules and Document Filing Deadlines
Ontario courts manage a high volume of cases, which can lead to scheduling delays. Hearing date availability will usually be subject to the court’s workload. Meeting filing deadlines is another critical factor. Appellants must file a notice of appeal within strict time limits, varying according to the case type:
• Civil and criminal appeals generally require that you file a notice of appeal within 30 days of the decision.
Failing to meet these deadlines can result in the dismissal of your appeal.
Duration by Type of Appeal
The type of appeal significantly impacts the timeline. These are the types of appeals in Ontario and their usual durations:
Civil Appeals
Civil appeals are among the most common in Ontario and include disputes involving contracts, torts, and family law matters. These cases generally take between six and 18 months to resolve, considering the complexity of the issues and the volume of evidence.
• Straightforward cases may be resolved in six months.
• Complicated civil disputes, such as business litigation or appeals involving large damages, can take over a year.
Criminal Appeals
The timeline for criminal appeals varies based on the charges and issues you are appealing.
• Summary conviction appeals can take six to 12 months and resolve faster than indictable offence appeals.
• Indictable offence appeals can take 12 to 18 months or longer, particularly if they involve questions of law or require extensive review of trial transcripts.
Administrative Law Appeals or Judicial Reviews
Administrative law appeals involve challenges to decisions by tribunals, like labour boards or professional regulatory bodies. These cases can normally be determined in six to 12 months, but the timeline can vary based on the tribunal and nature of the appeal.
Managing Expectations During the Appeal Process
Appealing a decision is seldom a straightforward process. Even when timelines are relatively short, the process can feel long because of the detailed steps involved. Some strategies for managing expectations include:
• Understanding procedural steps – Familiarize yourself with the steps in the appeal process, such as the preparation of the appeal documents and the scheduling of hearings.
• Choosing an experienced lawyer – The right lawyer can help you navigate the complexities of the appeal process, making sure you meet deadlines and present arguments effectively.
• Staying informed – Keep in touch with your lawyer to stay up-to-date on the progress of your case.
So, How Long Does an Appeal Take in Ontario?
The answer to how long an appeal takes depends on the type of case, the court handling it, and other factors. While average timelines range from six months to over a year, the specifics of your case will lead to variations.
Navigating the appeal process can be difficult, but having a good lawyer by your side can make a huge difference. Allan Rouben is a compassionate lawyer with over 35 years of experience and is committed to helping clients achieve the best outcomes.
For personalized legal advice and skillful representation, contact Allan today to book a free consultation.