If you’re thinking about launching an appeal, it’s natural to feel worried about what might happen. You’ll have many questions and concerns, such as, “What does losing an appeal mean?” and “Can I appeal again?” This post addresses those very questions and will help prepare you for your appeal.
Appeals are an essential part of the legal process and enable people to challenge court decisions (new evidence is only admitted in limited cases, through a motion to introduce fresh evidence). Once you’ve got to the appeal stage, you will already have been through a complex procedure. So your appeal can feel high-stakes, with a lot resting on it. Understandably, you’ll be eager to prepare as much as you can, in the hope that it will go smoothly.
As part of your preparation, it’s important to understand what losing an appeal means. In this post, we’ll explore the financial, professional, and personal impacts of losing an appeal. We’ll also discuss whether it’s possible to make a further appeal. To wrap up, we’ll explain why having the right appeals lawyer by your side can make a big difference.
What Does It Mean to Lose an Appeal?
Losing an appeal means the appeal court has dismissed your appeal, so the original decision of the lower court or tribunal stands. In most cases, you will also be ordered to pay part of the other side’s legal costs of the appeal. Depending on which court heard your appeal, you may be able to ask a higher court for leave to appeal, but there is no automatic second appeal.
The Financial, Personal and Emotional Impact of Losing an Appeal
Losing an appeal has far-reaching consequences, primarily financial ones. It’s important to understand and consider these, particularly since, in most cases, the original decision of the lower court stands.
If you lose your appeal, you will find that the financial burden can affect your life in a variety of ways. To start with, you will likely be ordered to pay legal costs and compensation, if applicable, to the other party. These can vary enormously, but they are likely to put a strain on your budget. In addition to these, you will be liable for your own legal and administrative fees.
There is also loss of earnings to consider if you have stepped away from work temporarily to pursue your case. Preparing for an appeal consumes time and energy. Some people find it an impossible task to keep up with a demanding job, so they take unpaid leave to help them focus.
There are other issues associated with losing an appeal that you should also consider. Your personal reputation may suffer. This is especially true if the appeal relates to a high-profile matter and is reported in the media.
And don’t underestimate the emotional impact and stress of pursuing an appeal. Typical appeals take anywhere between six months and a year or more to finalize. Learn more about how long an appeal takes in Ontario. This can mean living with uncertainty and anxiety for a long time, which can impact your mental health.
The stress can also affect your personal relationships and how you relate to your loved ones. Your anxieties around the appeal can mean that you find it difficult to communicate with your nearest and dearest, or you may take your worries out on them in frustration.
Losing an appeal can have significant emotional effects too. If you’ve hoped for a certain outcome only to lose your appeal, then it’s natural to feel disappointed and unsure of the way forward. These feelings are compounded if you’ve suffered financial loss or lost your job as a result of the original trial and subsequent appeal.
Can You Appeal Again if You Lose?
If you’ve lost your appeal, you may be wondering if you can appeal again. The general rule for Ontario is that you get one appeal per trial decision. However, there are exceptions to this rule.
For civil cases, if you have lost at Divisional Court, you may progress to the Court of Appeal with leave. Your case should meet certain criteria — for example, you believe the decision has involved a legal error. If you lose at the Court of Appeal for Ontario, you can ask the Supreme Court of Canada for leave to appeal, but it only hears cases of national or public importance.
For criminal cases, if the Court of Appeal dismisses your appeal, you may be able to take your case to the Supreme Court of Canada, either as of right where a Court of Appeal judge dissented on a question of law, or with leave. This is the highest — or final — court of appeal. Further appeals will only be permitted in the case of significant questions or errors.
For administrative decisions, like in the case of tribunals, you may be able to appeal to the Divisional Court for a judicial review.
Lost an appeal, or worried about losing one? Book a free consultation to find out whether a further appeal is open to you.
Is It Worth Appealing?
Whether an appeal is worth pursuing depends on whether the decision contains a real error, such as an error of law or a palpable and overriding error of fact, not simply on disagreement with the result. Before you appeal, weigh the strength of your grounds, the cost of the appeal, and the risk of paying the other side’s costs if you lose. Read more about successful grounds for an appeal.
Working with an Experienced Appeal Lawyer Matters
The appeals process is lengthy and complex, with no guarantee of your desired outcome. That’s why getting expert legal guidance is vital.
Allan Rouben is an experienced appeals lawyer, with 35+ years’ practice under his belt. With laser focus, he can review complex information relating to your case to look for grounds for appeal. This approach maximizes the chances of overturning an unwelcome decision.
His warm, empathic nature means he understands how daunting an appeal can be. He is here to guide you through the process, offering a steady presence at your side. He is the right person to give you advice that’s tailored to your case. He’s right here to help you evaluate your options and plan your appeal. Take that first step by booking a free consultation today.
Frequently Asked Questions About Losing an Appeal
Do you have to pay costs if you lose an appeal?
Usually, yes. The court generally orders the unsuccessful party to pay part of the successful party’s legal costs of the appeal, on top of your own legal fees. The amount is set by the court.
Can you appeal again if you lose your appeal in Ontario?
Not automatically. Ontario generally allows one appeal per decision. A further appeal usually requires leave from the higher court, such as the Court of Appeal for Ontario or the Supreme Court of Canada, and leave is granted only in limited cases.
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