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An appeal in the Court of Appeal for Ontario is not a re-hearing of a case. In an appeal, the person who lost in the trial court argues that the judge made a mistake. If you are bringing an appeal to the Court of Appeal, it is important to identify the mistake that you think the judge has made.
In some cases, you must ask the permission of the Court to appeal through a process called “leave to appeal”. Even if the Court of Appeal hears the appeal, it will not: - Re-hear the case from start to finish - Change the decision because it seems unfair - Change the decision just because the Court of Appeal disagrees with it. (The decision ...
- Provincial and Territorial Courts
- Federal Court
- Courts of Appeal
- Supreme Court of Canada
Provincial and territorial superior courts hear the most serious criminal and civil cases. These courts can also hear from people who claim that a law or action of any level of government is unconstitutional. They sometimes review the decisions of lower provincial and territorial courts.
The Federal Court hears cases that involve federal law, including constitutional challenges to federal law or actions. It can also review the decisions of most federal boards, commissions and tribunals. If a decision is considered unreasonable or unconstitutional, the judge can order the decision-maker to reconsider. Otherwise, the original decisio...
If either party disagrees with a judge’s decision, they can ask the Provincial/Territorial Courts of Appeal or the Federal Court of Appeal to review it. If the appeal court allows the appeal, it can reverse or change the judge’s decision, or order a new trial or hearing. Otherwise the decision stands. The person who appeals must show that the judge...
Parties who disagree with the appeal court’s decision can appeal to the Supreme Court of Canada – but they first have to ask the Court to hear the case (except in very limited circumstances for some criminal cases). The Supreme Court of Canada is the final court of appeal. It only agrees to hear cases that are important across the country or that h...
The Court of Appeal will not hear an appeal of every case. In some cases, you must ask the permission of the Court to appeal through a process called “leave to appeal”. See section 2.2 What to do if leave to appeal is required. Even if the Court of Appeal hears your appeal, it will not: Re-hear your case from start to finish
might be reversed or changed. In such cases, an “appeal” is brought to the Court of Appeal, the highest court in Alberta. The person who brings the appeal is called the appellant. The person who responds to the appeal is called the respondent. You must understand that an appeal is not a new trial or a rehearing of your case. B. What an ...
reversed or changed. In such cases, an “appeal” is made to the Court of Appeal, which is the highest court in Saskatchewan. You must understand that an appeal is not a new trial or rehearing of your case. What an appeal is not • an appeal is not:a new trial; • a hearing with witnesses or a jury;
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Is an appeal a re-hearing of a case?
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Jul 23, 2020 · This is important to understand because many people have this misconception that if they are appealing a decision, it somehow amounts to a re-hearing of the entire case/a retrial or another trial or reconsideration of the entire decision by an appellate body. That is not the case. The most important thing that you want to understand is that ...
