For many of us, the courts are a symbol of truth and justice, where those in the right prevail and those who have been wronged are recognized and compensated. That’s why it feels so devastating — especially when you have put all that time, effort, and money into a trial or hearing — when the court comes back with a wrong decision. Whether it’s a wrongful conviction, unfair trial, or another legal error, you have options if you are unhappy with the court decision.
Why You Might Be Unhappy with a Court Decision
Bad rulings can happen for a variety of reasons. After all, no legal system is perfect. If you are dissatisfied with a court decision, you need to talk to a lawyer who can assess whether there were serious defects like these in your case.
Unfair Trial
Trials are complex mechanisms with many moving parts. Sadly, this means that mistakes happen despite the many safeguards that have developed over centuries of law.
Judges are expected to comport themselves with impartiality, fairness, and integrity. Ethical standards for judges are high because they are at the heart of the justice system — so much so that there doesn’t always need to be actual judicial bias for judges to recuse themselves. A reasonable apprehension of bias may be enough in certain cases.
In an adversarial system, the competence of advocates is vital to trial fairness. When someone’s legal representative is woefully inadequate, unprepared, or biased, it can have a catastrophic impact on their client’s outcome. Establishing the ineffectiveness of counsel requires showing not only the lawyer’s incompetence but also the miscarriage of justice that resulted. This applies to civil cases, not just criminal cases.
The rules and procedures of court exist not just for expediency but, in many cases, as safeguards. The rules of evidence, for example, exist to ensure that decisions are based on strong, credible evidence. Requirements some people may see as “technicalities,” such as disclosure — from Crown to defence in criminal cases and between the parties in civil cases — are actually about fairness.
Wrongful Conviction
The stakes are especially high in criminal law because an accused’s liberty and livelihood can be impacted. Wrongful convictions can occur because important exonerating evidence was not introduced or available, intentionally or unintentionally. Witness credibility may not have been properly assessed, or testimony may have been false. Many cases have been overturned because of frail eyewitness identification, reliance on unreliable witnesses and informants, misinterpretations of scientific or forensic evidence, and coerced confessions or other police misconduct.
File an Appeal if You Are Unhappy with the Decision
When you appeal, you are asking the next level of court to deal with the mistakes made in your matter. There are three grounds for appeal: error of fact, error of law, or serious unfairness.
Error of Fact
The facts of any case are integral to understanding what happened. When you appeal on this basis, you are saying that the judge/jury made a mistake of an important fact — because they relied on the wrong evidence or put more importance on something than they should have, for example.
Error of Law
Law comes from statutes and regulations as well as decisions made in prior cases, or “precedents.” Whether or not a particular case applies is often up for argument. An appeal court will determine whether the trial judge or jury misinterpreted the law or misapplied the law to the facts and, in so doing, came to the wrong conclusion.
Procedural or Other Unfairness
Procedural rules are in place to protect the integrity of the legal system and the rights of the parties. If crucial evidence was not admitted/examined or poor evidence was allowed into the proceedings, the court might have come to an incorrect decision.
Deadlines for Filing Appeals
In general, parties have 30 days from the date of the decision to file an appeal. It is imperative that you don’t miss this deadline if you want to challenge a trial decision. In rare cases, a deadline can be extended, but usually in extenuating circumstances. That’s why you should always speak to a lawyer as soon as you can if you are unhappy with a verdict or ruling. After the initial filing, there are also strict deadlines for submitting written materials.
What if You’ve Already Filed an Appeal and Are Still Unhappy?
An appeal court has the power to reverse the decision, change part of it, or send the matter for a retrial. If you are unhappy with an appeal court’s decision, you can appeal that as well. The highest level of appeal court in your Province or Territory is the Court of Appeal. After that, it is the Supreme Court of Canada, which will hear an appeal from a decision of a Court of Appeal if the matter is deemed to be of national importance. The Supreme Court of Canada has the final say. It can also decline or allow the appeal and substitute or reverse the previous ruling/decision.
What happens if you are unhappy with the decision of an administrative board or tribunal — Human Rights, Labour Relations or Social Benefits, for example? Some tribunals have appeal or reconsideration procedures, but you can always ask the court to step in and evaluate whether the decision was fair and correct. This is called a judicial review. There are tight deadlines for judicial reviews, so consult a lawyer as soon as you can.
An Experienced Lawyer Is Critical for Success
Appeals — and judicial reviews — are important things to get right. The presumption is always that a court’s or tribunal’s decision was correct. There are also tight deadlines, and one trial or hearing can have multiple issues. You need an experienced appeal lawyer to navigate and understand the complexities of your particular situation because every case is different. Allan Rouben has over a 35-year track record in the courts and has conducted civil and criminal appeals at different court levels, as well as judicial reviews of various tribunal decisions. If you disagree with a ruling or decision, make sure you explore all your options. Contact Allan and find out what he can do for you.