Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Appeal law is the process of asking a higher court or tribunal to review a decision made by a lower court or decision maker. In Davidson, Saskatchewan, appeals follow provincial and federal rules, depending on the type of case. Criminal and civil cases from local courts are heard within the Saskatchewan court system, and some matters involving federal law proceed through federal courts. An appeal is not a new trial. It focuses on whether the decision was affected by errors of law, serious factual mistakes, or procedural unfairness.
The usual path in Saskatchewan is: decisions of the Provincial Court can be appealed to the Court of King's Bench, decisions of the Court of King's Bench can be appealed to the Saskatchewan Court of Appeal, and the Supreme Court of Canada is the final level with permission in limited circumstances. Administrative decisions from boards and tribunals are typically reviewed by the Court of King's Bench through judicial review, with further appeals in some cases.
Appeals are highly technical. A lawyer can help you identify valid grounds of appeal, calculate strict deadlines, and prepare the paperwork and arguments that comply with court rules. Common situations where people seek legal help include challenging a conviction or sentence, appealing a civil judgment or family law order, seeking bail or a stay while the appeal is pending, appealing a small claims decision, reviewing an administrative tribunal decision, and responding to an appeal filed by the other party.
Lawyers assist with ordering transcripts, assembling the appeal record, writing persuasive factums, addressing standards of review, and presenting oral argument. They also assess settlement or reconsideration options, advise on risks and costs, and ensure you do not miss key steps that could result in dismissal of the appeal.
Appeals and reviews affecting Davidson are governed by Saskatchewan and federal legislation and court rules. The Criminal Code sets out criminal appeal routes and many deadlines. The Court of Appeal Act and the Rules of the Court of Appeal for Saskatchewan govern civil appeals from the Court of King's Bench. Appeals from the Provincial Court, including summary conviction appeals and some civil small claims appeals, proceed in the Court of King's Bench under applicable statutes and rules. Judicial reviews of administrative decisions are generally brought in the Court of King's Bench under The King's Bench Rules and relevant tribunal statutes.
Deadlines are strict and vary by case type. Many criminal and civil appeals have filing deadlines that are commonly 30 days from the decision or from entry of the formal order. Some tribunal appeals or reviews have shorter limitation periods set in their enabling statutes. Extensions are sometimes possible but not guaranteed. Filing usually requires a notice of appeal or notice of application, service on the other side, and payment of fees or an application for fee waiver where eligible.
Stays of enforcement are not automatic. You must ask the court for a stay of a civil judgment or for bail pending appeal in criminal matters and show that you meet the legal test. New evidence on appeal is limited and only admitted in narrow circumstances. Appeals focus on errors in the decision below, and factual findings are given deference unless there is a clear and significant error.
The Saskatchewan Court of Appeal sits in major centers. Filing and hearing locations depend on the case. Local registry staff can provide procedural information but cannot give legal advice. If your matter involves federal law, certain appeals or reviews may be heard in the Federal Court or Federal Court of Appeal, and refugee or immigration matters follow different timelines and procedures.
An appeal asks a higher court to review a decision for legal, factual, or procedural errors. It is not a new trial. You do not usually call witnesses or reargue the whole case. The focus is on the record from the original hearing and written legal arguments.
It depends on the type of case. Summary conviction criminal matters are appealed to the Court of King's Bench. Small claims and other Provincial Court civil matters may have specific appeal routes to the Court of King's Bench or limited rights of appeal set by statute. Check your judgment and the applicable rules to confirm.
Many appeals must be started within about 30 days of the decision or of the formal order, but some deadlines are shorter or longer. Tribunal statutes often have their own timelines. Always check the exact rule that applies to your case and act quickly.
Appealing a guilty plea is possible but difficult. You must generally show the plea was not voluntary, informed, or unequivocal, or that there was a jurisdictional or procedural error. Get legal advice promptly if you are considering this.
Yes. You can appeal only the sentence or only the conviction, or both, depending on the circumstances. Sentence appeals have their own considerations and deadlines.
New evidence is rarely admitted. The appeal court may accept fresh evidence only if it meets a strict test, such as being relevant, credible, potentially decisive, and not reasonably available at the time of the hearing despite due diligence.
No. Filing an appeal does not automatically stay enforcement. You may need to apply for a stay of execution in a civil case or seek bail pending appeal in a criminal case. The court will apply a legal test to decide.
Sometimes. Certain interlocutory orders, tribunal decisions, or appeals to the Supreme Court of Canada require permission, called leave. Whether leave is needed depends on the statute and the nature of the order.
Typical steps include ordering and filing transcripts, preparing and filing an appeal record and factum, serving the materials on all parties, requesting any necessary stays, and attending a hearing where the judges ask questions about the written arguments.
Costs vary based on complexity, transcript length, and legal fees. Filing fees apply, and you may be ordered to pay or receive costs. Legal Aid Saskatchewan may assist in eligible criminal and some family matters. Pro bono or limited scope help may be available for those who qualify.
Law Society of Saskatchewan - Lawyer Referral Service to connect with licensed lawyers.
Legal Aid Saskatchewan - legal assistance for eligible clients in criminal and some family matters.
Pro Bono Law Saskatchewan - clinics and referrals for low income individuals.
Public Legal Education Association of Saskatchewan - plain language legal education materials.
Saskatchewan Courts - Court of Appeal, Court of King's Bench, and Provincial Court registries for procedural information.
Saskatchewan Ministry of Justice and Attorney General - information about justice services and court administration.
Supreme Court of Canada Registry - information on leave to appeal and procedures for final appeals.
Local court registries serving the Davidson area can provide schedules, filing locations, and forms.
Write down the date of your decision and determine the deadline to start the appeal or review. Deadlines are strict. Missing them can end your appeal rights.
Obtain and read the written reasons and the formal order. Ask the registry how to get a copy if you do not have one.
Consult a Saskatchewan appeal lawyer as soon as possible. Bring your decision, any orders, and key documents. Ask about chances of success, costs, and interim steps like stays or bail.
Order transcripts promptly if required. Transcript preparation can take time and may affect your filing schedule.
Prepare and file the correct initiating document for your situation, such as a notice of appeal or notice of application for judicial review, and serve all parties within the required time.
Consider interim relief. If collection, enforcement, or custody changes are imminent, ask a lawyer about applying for a stay or other temporary orders.
Follow the court rules for assembling the appeal record and writing the factum. Ensure formatting, page limits, and service requirements are met.
Keep communicating with the registry about scheduling. Attend any case management or chambers dates and be ready to proceed on the hearing date.
If you reach a settlement or a reconsideration is available, speak with your lawyer about the best way to document and file the outcome.
After the decision, ask your lawyer about next options, including further appeal with leave, varying conditions, or implementing the outcome.
