What Are Court Appeals 

Going to court can be stressful because of the complex documents, arguments, and uncertainty of the outcome. Even if a judgment feels unfair, the legal process doesn’t necessarily end there, as an appeal can be pursued. A court appeal is a formal request for a higher court to review a lower court’s decision to determine if a significant legal or factual error affected the outcome.

If you are facing a judgment from a district court which you feel is unfair or based on error, it is critical to obtain sound and experienced legal advice. Whether you need a lawyer to assist with an appeal of a family law decision, or with respect to estate litigation, the lawyers at Onyx Law Group stand ready to help. Contact us today to schedule a consultation.

This blog explains the role of the appellate court, how to file an appeal, key differences from other courts, the handling of criminal cases, and regional variations across Canada.

What Is a Court of Appeals?

The court of appeals (often referred to as an appellate court or higher court) exists to oversee and review the decisions of trial courts. In BC, the Court of Appeal is the higher court, and the Supreme Court of BC is the lower court. The primary purpose of an appeals court is not to retry or reweigh the facts of the case but to ensure the law was applied correctly, although there are exceptions to this rule.

What Is the Structure and Function of the Court of Appeals

In our provincial and federal system, the legal system is organized in a hierarchy. This means that the federal courts represent the higher level of the court hierarchy, while the provincial courts represent the lower level. In BC, at the bottom, you have the provincial court (also called a district court in some jurisdictions), and above that lies the Supreme Court (also called a trial court in other jurisdictions), where disputes are initially heard and trials held. Above both of them sits the Court of Appeal. The Supreme Court of Canada acts as the court of last resort.

When a losing party (called the appellant for an appeal) of a court decision or other judicial decision (for instance, even a decision of an administrative agency) believes a mistake was made, they ask the higher court to review the decision. You can also appeal a judge’s non-trial or interlocutory decision through an interlocutory appeal. The person defending the original decision is called the respondent.

The jurisdiction of these courts allows them to hear appeals on a wide variety of issues, from contract disputes to criminal convictions. However, if certain circumstances are met, they usually hear witnesses or receive new evidence. Their focus is normally strictly based on the record established during the trial or judicial decision.

What Is the Appeals Court Process?

The appeals process is rigid and governed by strict deadlines. It usually begins when the losing party files a document with the higher court, called a notice of appeal. These are the usual steps involved:

1. Filing the Notice of Appeal: the litigant must file this document shortly after the final judgment or order is entered, normally 30 days; however, it depends on what type of decision you are appealing. Missing this deadline usually results in the appeal being dismissed.
2. Preparing the Record: The person appealing is responsible for preparing the transcript of the trial and gathering all relevant documents. This constitutes the “record on appeal.”
3. Briefing: Both litigants then submit written arguments. The person appealing argues why the decision should be overturned or varied, while the other person argues why the court should confirm the lower court’s ruling.
4. Oral Argument: In significant cases, the appeal lawyers may present an oral argument before a panel of judges. This is an opportunity for the judges to ask questions about the legal principles applied.
5. The Decision: The Judges normally make their decision through a written opinion. They may affirm (agree with) the lower decision, reverse (overturn) or vary part of the decision, or remand (send back) the case to the decision-maker for a fresh consideration.
6. Appeal to Federal Courts: if the decision is not in your favour, and you believe it also is wrongly decided, you have the option to move into the federal system and seek an appeal at a higher court. Normally, you require leave to make such an appeal.

How Does the Court of Appeals Differ from Trial Courts?

To the layperson, they all might look the same. However, the appeals court and the trial court serve vastly different functions within the legal system. Understanding this distinction is vital for managing expectations.

Key Differences and Roles

In an inferior court, the focus is on fact-finding and then applying the law to these facts. A judge listens to witnesses, reviews physical evidence, and decides what happened. They determine the credibility of witnesses and evidence and render a decision or verdict.

In contrast, appellate court judges focus primarily on the law. They do not reweigh the facts. They assume the rulings on the facts were correct unless they are clearly erroneous. Instead, they ask: Did the judge provide the wrong instructions to the jury? Was evidence improperly admitted or excluded? Was the wrong law applied, or was it applied incorrectly?

Other differences include who is making the decisions. At a lower court, one judge makes the findings of fact and applies the law. At the appellate division or appellate level, appeals are decided by a panel of three or more judges to ensure a balanced analysis.

Another key role of appellate courts is dealing with interlocutory Appeals. While many appeals occur after a final judgment, under certain circumstances, a party may file an interlocutory appeal. This process is a kind of special appeal and happens when a specific ruling within the ongoing litigation is appealed while the main case is still ongoing. These special appeals are not routinely granted.

What Are the Unique Aspects of Appeals Courts?

Appeals courts, as noted above, are largely concerned with the right application of the law and not with making findings of fact as occurs in lower court decisions. Their decisions also set precedents that bind lower courts in future cases. Other unique aspects include:

• Success Rates: Statistically, most appeals are unsuccessful. Appellate courts generally defer to the inferior decision-maker on factual matters. To win, the appellant usually must show a prejudicial legal mistake.
• Public Record: Appellate briefs and opinions are matters of public record, contributing to the body of case law.
• No New Evidence: You generally cannot introduce new evidence on appeal. The appellate court reviews only what was presented at the initial litigation. Exceptions to this rule are rare and usually require a motion based on evidence that could not have been discovered earlier or evidence that was misconstrued or ignored by the judge.

What Is the Impact of the Court of Criminal Appeals?

Criminal law involves significant stakes. For example, one’s personal liberty is often at risk. A Court of Criminal Appeals (or the criminal division of a general appellate court) specializes in reviewing criminal convictions and sentences. In BC, the Court of Appeal hears both criminal and civil appeals.

Appellate courts often represent the only hope for an accused person wrongfully imprisoned to overturn an unjust verdict. The appellate judges will, for instance, examine whether the accused’s Charter rights (or constitutional rights)  were violated. Common reasons that may justify appellate intervention include ineffective assistance of counsel, misconduct by the fact finder, or errors in sentencing decisions.

If there has been an infringement of an accused’s constitutional rights, the higher court has the power to order a new proceeding if the mistake was severe enough to deny the defendant a fair one. However, if the error was not substantial to the point that it impacted the outcome, the higher court would confirm the conviction.

What Are Case Information and E-Filing?

Modern courts have adopted technology to streamline the process. E-filing is now mandatory in many jurisdictions. The practice increases access to the process and decisions of judges, including the judges of the Supreme Court of Canada, as both lawyers and the public can view documents and decisions online.

E-filing also reduces the time required to file documents and facilitates faster review and analysis by appellate court attorneys and by self-represented parties.

Are You Prepared to Appeal Your Case?

When one finds oneself on the unfavorable side of a judicial decision, it can be deeply disheartening. Even if a judgment feels unfair, the legal process doesn’t necessarily end there, as an appeal can be pursued. A court appeal is a formal request for a higher court to review a lower court’s decision to determine if a significant legal or factual error affected the outcome. Appeals are not new trials; instead, they focus on identifying mistakes in the original proceedings that may have impacted the judgment.

Because appeals are complex and highly procedural, hiring an experienced appeal attorney can greatly improve your chances of success. A skilled appeal attorney can review your case, identify potential errors, prepare persuasive legal arguments, and guide you through each step of the appellate process. Whether your goal is to overturn an unfavorable judgment or seek a more favorable outcome, professional legal guidance ensures your appeal is handled effectively and strategically.

Maintain determination and pursue your appeals with conviction to achieve justice and a favourable resolution. The assistance of family law attorneys experienced in the appeals process can help you reverse wrongly decided cases. The appeals lawyers at Onyx Law Group stand by, ready to help. Contact us today to get started on your appeal.

Frequently Asked Questions

Many questions arise when faced with the prospect of appealing a decision you believe was wrongly reached. Here are a few of the most common questions people have.

What Are Court Appeals?

A court appeal is a legal process where a higher court reviews a lower court’s decision to determine if a significant legal or factual error occurred. It is not a new trial but a review to ensure the original judgment was fair and legally sound.

How Do Court Appeals Work?

Appeals work by asking the higher court to review the court decision of an inferior judge. The appellant submits a brief, contending that the trial involved legal errors. A panel of judges reviews the transcript and legal arguments (and sometimes hears oral argument) and has the power to determine if the judgment should be affirmed, reversed, or remanded. For certain decisions, the court must grant leave to appeal before hearing the actual appeal.

What Is the Success Rate of Appeals?

Generally, the success rate for appellants is low. Because trial courts are in the best position to judge the credibility of evidence and witnesses, appellate judges usually defer to their findings. Normally, then, an appellant will win only if they can prove a clear misapplication of the law or a material procedural or evidentiary error.

How Are Courts of Appeals Different From Other Types of Courts?

The primary difference is that Courts of Appeal do not hold trials. They normally do not hear live witnesses or accept new evidence. In our federal system, their chief power is to review the legal analysis and proceedings of the trial decision to ensure that the law was interpreted and applied correctly.

What Are Some Key Statistics About Courts of Appeals in Canada?

While statistics vary by year and province, the Supreme Court of Canada hears a very small percentage of the cases seeking leave to appeal (often fewer than 10% of applications for leave to appeal are granted). Similarly, in BC most appeals are disposed of without interfering with the trial judge’s decision, emphasizing the difficulty of overturning a final verdict. Thus, while certainly not impossible, it must be remembered that successfully appealing a trial decision is not a certainty.