Best Appeal Lawyers in Markham

About Appeal Law in Markham, Canada

Appeal law in Markham, Ontario, follows the general legal framework set out by the Province of Ontario and the federal government of Canada. An "appeal" is a legal process that allows a party to challenge a decision made by a lower court, tribunal, or administrative body. In Markham, which operates under the Superior Court of Justice and connects to Ontario's Divisional Court and Court of Appeal, parties can try to have unsatisfactory decisions reviewed and potentially overturned or changed. Appeals can be used in a variety of legal areas, including criminal, civil, family, and administrative law.

Why You May Need a Lawyer

Appeals are complex legal proceedings requiring careful adherence to procedural rules, tight deadlines, and detailed legal arguments. Many people in Markham may need an appeal lawyer if:

• They believe the original decision was wrong due to a legal or factual error.
• There is new evidence that could have a significant impact on the outcome.
• Procedural mistakes occurred during the initial trial or hearing.
• Their rights were infringed during the original process.
• They have been advised by another lawyer to seek a second opinion or appeal.

Given the technical and time-sensitive nature of appeals, a lawyer’s expertise is crucial in assembling the necessary documentation, presenting persuasive arguments, and ensuring all deadlines and requirements are properly met.

Local Laws Overview

Appeals in Markham are guided by provincial and federal legislation, as well as the rules of the local courts. Some key aspects include:

• Time Limits: Most appeals must be commenced within 30 days from the date of the decision. Certain cases, like small claims or administrative matters, may have different deadlines.
• Grounds for Appeal: Not every disagreement can proceed to appeal. There must be identifiable errors of law, fact, or procedure.
• Appellate Courts: Common forums for appeals include the Ontario Court of Appeal, Divisional Court, and specialized tribunals. Which forum is appropriate depends on the nature and level of the original decision.
• Leave to Appeal: In some cases, you need the court’s permission (leave) to bring an appeal.
• Written Materials: Most appeals are based primarily on written briefs (facta) outlining the errors being appealed and supported by evidence from the original court record.
• No New Evidence: Generally, no new evidence is allowed unless special circumstances exist, and the focus is usually on what happened in the original proceedings.

Frequently Asked Questions

What is an appeal?

An appeal is a formal request to a higher court or tribunal to review and potentially change a decision made by a lower court or administrative body.

Can any case be appealed?

Not all cases can be appealed. There must be valid grounds (such as legal, factual, or procedural errors) for an appeal. Some decisions are "final" and cannot be appealed.

How much time do I have to file an appeal?

Deadlines are strict. For most civil or family cases in Ontario, you have 30 days from the date of the decision. Some criminal or administrative cases may have different time limits.

Do I need a lawyer for my appeal?

While you are not legally required to have a lawyer, appealing a decision is often very challenging without legal representation. Lawyers help ensure that the appeal is properly and persuasively presented.

Can I present new evidence during my appeal?

In most cases, no new evidence can be introduced; the appellate court reviews the record from the original proceeding. Limited exceptions apply in rare cases.

What outcomes are possible from an appeal?

The court may dismiss the appeal, order a new trial, or change part or all of the previous decision, depending on the errors found.

What happens if I miss the appeal deadline?

If you miss the deadline, your right to appeal may be lost. In rare circumstances, you can ask the court for an extension, but you must provide a good reason.

What is a "leave to appeal"?

"Leave to appeal" means you need the court's permission to file an appeal. Not all decisions require this, but when they do, there is an extra step to demonstrate why the appeal should proceed.

Is there a fee to file an appeal?

Yes, there are usually filing fees to initiate an appeal. If you cannot afford them, you may apply for a fee waiver through the courts.

How long does an appeal process take?

The process varies based on the type of case, the court's schedule, and the complexity of the issues. Appeals commonly take several months to a year or longer to resolve.

Additional Resources

Several organizations and governmental bodies offer guidance and support concerning appeals in Markham and the province of Ontario:

• Ontario Ministry of the Attorney General: Provides guides and information on court procedures, including appeals.
• Legal Aid Ontario: Offers assistance for those who cannot afford a lawyer, including information on appeals.
• Law Society of Ontario: Helps you find qualified appeal lawyers and provides public legal information.
• Community Legal Clinics: Offer free legal advice for eligible individuals regarding appeals and other legal matters.
• Ontario Court of Appeal & Superior Court of Justice: Their websites offer procedural information and forms related to the appeals process.

Next Steps

If you are considering an appeal in Markham:

1. Carefully review the decision you wish to appeal and note the date as deadlines are strict.
2. Consult with an experienced appeal lawyer who can assess your case, explain your rights and options, and help you understand if you have viable grounds for appeal.
3. Gather all relevant documents, including the original decision, transcripts, and evidence from the previous proceedings.
4. Take immediate action to avoid missing critical deadlines, including filing the appropriate notice of appeal within the allotted time.
5. Consider obtaining advice or assistance from community legal clinics or Legal Aid Ontario if cost is a concern.
6. Prepare for a potentially lengthy process, and stay in communication with your lawyer throughout your appeal.

Starting an appeal is a serious legal step with important consequences. Early and expert legal advice can vastly improve your chances of a successful outcome.