OHTA.ca

Hi,

I'm curious how easy it is to get an appeal for a decision on a provincial offences matter. Surely ever area will be different but as a whole are most appeals granted or denied? Whats a viable excuse to get an appeal? Not for me, just discussion.

Thanks!

It's fairly straightforward to do. You have to file your appeal within 15 days. Then request a transcript. In Toronto, you then wait a year and shell out about $80 before you get it (3 copies).

When it's finally ready, you submit the transcript to the prosecutor and the clerk of the court. They'll only schedule a trial after getting the transcripts (although technically you don't necessarily need them).

Then you prepare and submit a factum explaining why you are appealing. Basically you have three arguments, insufficient explanation, errors in law, or errors in fact. I cover this in detail on the very last page of my site.