Navigating Ontario’s legal system can feel overwhelming, especially when you want to challenge a court’s decision. Being aware of how many appeals can you get in Ontario courts is important. It enables you to make informed decisions about your case. Appeals are not unlimited; there are strict rules that govern your right to appeal and the procedures you must follow.
This guide explains the general rule of appeals, addresses misconceptions and exceptions, and offers tips for making the most of your appeal. It doesn’t matter if you are dealing with a civil case, criminal matter, or administrative decision — knowing your appeal rights can help you plan your next steps with confidence.
The General Rule: One Appeal Per Case
In Ontario, the standard rule is that you are entitled to one appeal after a trial decision. This is true for most legal matters, including civil and criminal cases. Once a court issues its final decision, you can bring your case to the next level of court for a review. The goal of this process is to ensure fairness and correctness in the legal system.
What does an appeal do? An appeal is not a retrial. The appellate court will not re-hear the evidence or allow new witnesses to testify. Instead, it reviews the original trial for errors in law, procedure, or the application of legal principles. If a judge, say, misinterprets a legal statute, the appellate court may overturn or modify the decision.
Common Misconceptions About Multiple Appeals
A lot of people mistakenly believe they can appeal a decision repeatedly until they receive a favourable outcome. That, however, is not the case. Ontario courts are structured to limit appeals. This is to maintain efficiency and finality in the legal process. You cannot keep appealing, unless specific legal grounds exist. There are and can be exceptions.
Exceptions to the One-Appeal Rule
Exceptions to the one-appeal rule often depend on the level of court, the type of case, and whether there are new legal issues.
Levels of Appeal
In Ontario, cases may progress through several levels of court:
1. Divisional Court – Hears appeals from lower courts like Small Claims Court or certain administrative tribunals
2. Court of Appeal for Ontario – Handles appeals from Divisional Court and Superior Court decisions
3. Supreme Court of Canada – Canada’s highest court only hears cases of national importance or significant legal questions
When Multiple Appeals Are Possible
You may pursue multiple appeals if your case moves through these levels of court:
• Civil Cases – If you lose at Divisional Court, you can appeal to the Court of Appeal for Ontario with leave of the court. That is, if your case meets the criteria for further review.
• Criminal Cases – If convicted in Superior Court, you may appeal to the Court of Appeal and, in rare cases, seek leave to appeal to the Supreme Court of Canada.
• Administrative Decisions – Tribunal decisions commonly allow for a judicial review or an appeal, depending on the governing statute.
Specific Scenarios: Civil, Criminal, and Administrative Appeals
Civil Cases
Civil cases allow for one appeal. If the Superior Court decides on a contract dispute, for example, you can appeal to the Court of Appeal depending on the amount in issue, if you believe there was a legal error. The right to appeal beyond this depends on the complexity and significance of the case.
Criminal Cases
In criminal matters, appeals are regulated by statute. An individual with a conviction may appeal it, the sentence, or both. The Court of Appeal will only grant further appeals if there are substantial legal questions or procedural errors. For instance, cases involving wrongful convictions often rely on presenting new evidence to justify additional appeals.
Administrative Decisions
Appeals from administrative tribunals, like those handling employment or human rights disputes, follow different rules. You may need to file a judicial review if the tribunal’s decision is final. In some cases, you can appeal to Divisional Court if legislation permits it.
Key Considerations for Your Appeal
Timelines and Filing Requirements
Know that appeals have rigid deadlines. Missing a filing deadline could forfeit your right to appeal, even if you have a very strong case. You must file a notice of appeal within 30 days in most civil cases. Criminal appeals may have different timelines.
Grounds for Appeal
To succeed on appeal, you must demonstrate an error in the original decision. Common grounds include:
• Misapplication of the law
• Procedural errors during the trial
• A decision unsupported by evidence
The Role of Leave to Appeal
One must seek leave (permission) to appeal to a higher court in certain situations, such as the Supreme Court of Canada. Typically, the court will only grant leave in cases involving major legal issues or questions of public interest.
Make the Most Out of Your Appeal
Since your right to appeal will normally have limits, it is wise to approach the process strategically. A skilled lawyer can maximize your chances of success. They can identify strong legal arguments, ensure you meet deadlines, and present your case persuasively.
Why Work with an Experienced Lawyer?
Appeals require a deep understanding of legal principles and procedural rules. I, Allan Rouben, a Toronto-based lawyer with over three decades of experience and expertise, can guide you through the complexities of Ontario’s appeal process — with compassion and integrity. You can expect to receive professional legal advice tailored to your case when working with me.
If you believe an error was made in your case and you are considering an appeal, do not wait. Get in touch with a trusted appeals lawyer immediately to review your options and preserve your right to appeal.
So, How Many Appeals Can You Get?
Again, the majority of cases allow only one appeal. But, there are exceptions and procedural nuances can impact your ability to seek further review.
Are you facing a civil, criminal, or administrative matter? Careful planning and expert legal support are essential. I can help you. Contact me here to book a free consultation and discuss the details of your case.