Appeals run on strict timelines. If you plan to challenge a conviction or sentence—or respond to a Crown appeal—contact us immediately to protect your rights.

Our team of experienced appellate lawyers have handled hundreds of appeals across Ontario. We work to overturn convictions or reduce unfair sentences, and where appropriate, seek to pause related orders (driver’s licence suspensions, fines, or probation) while the appeal proceeds.

Clients often secure bail pending appeal, avoiding unnecessary jail time during the process.

Daniel Brown Law is repeatedly named as of Canada’s Top 10 Criminal Law Boutique Firms by Canadian Lawyer Magazine. Our lawyers and our firm is also frequently recognized by Best Lawyers for excellence in trials and appeals.

Our Experience

Nationally Recognized Appellate Team

Across Canada, our appellate team is a top choice for criminal appeals. Our team of experts in appeal law handle:

• Summary conviction appeals at the Superior Court of Justice
• Indictable appeals before the Court of Appeal for Ontario
• Cases argued at the Supreme Court of Canada

Defence lawyers throughout Ontario regularly rely on Daniel Brown and our team when clients face wrongful convictions at trial.

Legal Commentary in the Media

Daniel Brown Law’s team of appeal lawyers provides trusted legal insight in Canadian media, including high‑profile appellate coverage:

• Globe & Mail — “Supreme Court ruling on sexual-assault myths unfairly biased against defendants, lawyers argue”
• The Law Times — “Court of Appeal sets aside child-luring convictions, orders new trial”
• Canadian Lawyer — “Court denies Toronto officer’s appeal, upholds sentence in Yatim case”

No matter what appellate challenges you face, our lawyers help you seek a second chance in the justice system.

Act Quickly on Strict Timelines

The deadline to file a notice of appeal is often 30 days from sentencing. Arrange an appointment with our appeal team as soon as possible after a conviction or sentence.

Frequently Asked Questions About Criminal Law Appeals

General information only — not legal advice. If the Crown has launched an appeal, see: How to Defend Against an Appeal Initiated by the Crown Attorney. For timelines or next steps, speak directly with a criminal lawyer.

Grounds for Appeal Explained

Common Reasons for Appealing

Appellate courts hear cases only where valid appeal grounds exist. Common examples of appeal grounds include:

• The judge demonstrated bias towards the Crown or Defence
• The defendant was provided negligent (“ineffective”) assistance from counsel. This often requires the appellant to demonstrate that their counsel displayed a high level of incompetence that ultimately impacted on the outcome of the case.
• The judge gave inadequate reasons for the verdict or sentence they imposed
• A misapprehension of the evidence (mistake as to the substance of the evidence) that is central to why the judge’s convicted the Appellant.
• The prosecutor used Inflammatory or misleading information in their closing or opening jury address or during their cross-examination.
• Defence counsel acted in a conflict of interest that prevented them form properly representing their client.
• The trial judge failed to explain the importance of the evidence to the jury on a material issue or misstated the evidence to the jury
• The legal instructions the trial judge gave the jury was confusing
  A guilty plea was either not given voluntarily, it was not informed or it was equivocal.
• The trial judge improperly intervened in questioning of a witness or that the judge improperly curtailing cross-examination questions.
• The trial Judge failed to properly assist a self-represented accused by ensuring they had the appropriate legal tools to defend themselves.
• The Judge made errors in jury instructions that misled the jury about the correct verdict
• Improper admission or exclusion of evidence affecting the verdict
• Procedural irregularities that denied a fair trial
• Misunderstandings about key pieces of evidence by the trial judge that led to an incorrect verdict
• A judge’s failure to apply the correct legal principles or evidentiary rules
• Sentencing errors (unlawful or disproportionate punishments)

Identifying strong grounds early is crucial for a compelling appeal.

Routes of Appeal

In Ontario, determining where an appeal is argued is decided by the type of trial that took place, not where the original trial took place.

• Indictable appeals: – Argued before a panel of three or five judges at the Court of Appeal for Ontario in Toronto.
• Summary conviction appeals: – These appeals are litigated in the Superior Court of Justice before a single judge in the same jurisdiction as the original trial.
• Provincial offences appeals : – If the trial was presided over by a Justice of the Peace, provincial offence appeals are heard by a single judge in the Ontario Court of Justice. Provincial Offences Act appeals originally decided by a provincial court judge are argued before a single judge in the Superior Court of Justice in the jurisdiction where the original case took place.

You can read here for more information about Provincial Offences appeals

Step‑by‑Step Criminal Appeal Process in Ontario

From Filing to Decision

Appeals in Ontario usually follow these steps:

1. File the notice of appeal within the deadline
2. Order and prepare trial transcripts
3. Compile the appeal record and factum
4. Exchange and file written submissions
5. Schedule and attend the appeal hearing
6. Receive the court’s decision

Skilled counsel helps each stage move forward without costly mistakes or delays.

What Happens If You Don’t Appeal?

Failing to appeal can permanently limit your legal options. Without timely action:

• You may serve the full sentence, including jail and probation
• Driver’s licence suspensions, fines, and other penalties remain in effect
• Future chances to challenge the conviction or sentence may disappear

Act quickly to preserve your rights.

Appealing Guilty Pleas

A guilty plea doesn’t always end a case. You may appeal if:

• The plea was uninformed or based on bad legal advice
• The plea was involuntary or made under duress
• The judge failed to ensure the plea met legal standards

Discuss these scenarios with appellate counsel to uncover options.

Bail Pending Appeal

For someone sentenced to jail following their trial, it is common to apply for bail while their appeal is pending a decision. Appeal bail hearings are decided by a single judge at the court where the appeal is being argued.

To obtain bail pending appeal, the Appellant must first demonstrate to the judge that their appeal is not frivolous or doomed to fail. The Appellant must also demonstrate that they will surrender back into custody before the appeal is decided. Lastly, the Appellant must prove that their release on bail is not contrary to the public interest. The judge will weigh any risk to public safety and consider public perceptions when determining whether the Appellant’s release is in the public interest. The longer the jail sentence, the stronger the public interest factor pulls away from granting bail.

Bail Pending Appeal — Case Examples

We have helped numerous clients remain out of custody while awaiting their appeals, including:

• Serious sexual assault allegations for our client who later had his case overturned.
• A fraud conviction client who obtained bail and continued working to support family
• An impaired driving client who avoided months of jail while the appeal proceeded

These excellent outcomes show how bail pending appeal can protect livelihoods and family life while an appeal hearing takes place.

Ontario vs. Other Provinces

Appeal processes share similarities nationwide, but Ontario has unique aspects:

• The Court of Appeal for Ontario hears all indictable appeals in Toronto, regardless of the original trial venue
• Ontario maintains specific deadlines and procedures for filing factums and transcripts
• Courts here may emphasize precedents that differ from those in other provinces

Ontario‑based counsel ensures your case benefits from local expertise.

Client Testimonials & Success Highlights

• “Daniel Brown Law fought tirelessly to overturn my conviction. I got my life back.”
• “They explained every step clearly and secured bail for me while the appeal went forward.”
• “The team spotted legal errors I never knew existed and used them to reduce my sentence.”

Past results are not guarantees of future outcomes; each case depends on its facts.

More FAQs About Appeal Outcomes

What If the Appeal Fails?

If an appeal does not succeed, the original conviction or sentence remains. In rare cases, further appeal to a higher court (including the Supreme Court of Canada) may be possible if a legal error is identified.

Can I Appeal Again?

Yes, but only with leave (permission) from a higher level appeal court or the Supreme Court of Canada. Supreme Court of Canada appeals usually involve questions of national importance or unsettled points of law.

Supreme Court of Canada Appeals

Leave to appeal is normally required to bring an appeal case to the Supreme Court of Canada. The Supreme Court of Canada will consider whether the appeal raises both a “question of law” and is of “national importance” before the will agree to hear the appeal. Supreme Court of Canada appeals are often heard by a full panel of 9 judges. Statistically, less than 10% of all appeal requests to the Supreme Court will be heard by the Supreme Court of Canada. 

In some circumstances, the Supreme Court of Canada will hear an appeal without granting permission first. “As of right” appeals will be heard by the Supreme Court of Canada on any case that involves a question of law on which at least one judge of the court of appeal disagrees with the outcome of the majority opinion on the appeal, The Court will also hear an appeal automatically when the court of appeal allows a Crown appeal and substitutes a guilty verdict in place of the acquittal.

How Long Does an Appeal Take?

Many appeals take several months to a year, depending on scheduling and complexity. Appeals with fresh evidence or complex issues may take longer.

Appeals in Specialized Offences

Sexual Assault Appeals

Often focus on credibility assessments or misapplication of consent laws.

Domestic Violence Appeals

Courts frequently review trial errors related to evidence admission or witness testimony.

Impaired Driving Appeals

Many appeals challenge police procedure, breathalyzer evidence, or Charter rights.

Fraud Appeals

Complex financial evidence and sentencing disputes are common grounds.

Why Choose Daniel Brown Law for Appeals?

• Proven expertise in appellate strategy
• National recognition by Canadian Lawyer Magazine & Best Lawyers
• Leadership in the legal community with frequent media commentary
• Track record of securing bail and overturning convictions across Ontario

When freedom, reputation, and future opportunities are at stake, clients choose Daniel Brown Law to protect their rights and overturn unfair verdicts.

How Appeals Work

Review of the Original Trial

An appeal is not a new trial. The appeal court reviews the original proceedings, including transcripts, exhibits, and trial rulings. It rarely hears new witnesses or evidence and seldom reassesses credibility unless a legal error affected it.

What Is a Factum?

A factum is the written submission outlining the facts and legal arguments on appeal. Most appellate work occurs in writing before the hearing; both parties must file their factums in advance of the appeal hearing.

Can I Introduce New Evidence?

Fresh evidence is admitted only in limited situations where the original evidence was unavailable despite diligence, is credible and relevant, and could have influenced the verdict. See: Winning Your Appeal With Fresh Evidence.

Possible Outcomes of an Appeal

If You Win Your Appeal

A successful appeal can result in:

• A new trial — the conviction is set aside and a new trial may be ordered (the Crown may decide not to re‑prosecute). A new trial is the most common outcome of a successful criminal law appeal.
• An acquittal — if the trial evidence was insufficient, the court may enter a verdict of not guilty.
• A reduced sentence — the court may lower the sentence, change the outcome from a conviction to a discharge, or strike specific orders (e.g., fines, probation, DNA collection)

Sentence Appeals

Appeal court judges will often defer to the sentence imposed by the sentencing judge unless the sentencing judge commits legal mistakes or imposes a sentence that is far too high or low. 

Fresh evidence is routinely introduced at the appeal hearing to demonstrate the Appellant’s progress since they were first sentenced. 

Sentence appeals are often difficult because appeal courts will strongly defer to the trial judge’s decision on the appropriate length or type of sentence.

Costs of a Criminal Appeal

Factors That Influence Costs

Costs for litigating criminal appeals vary based on whether the appeal is summary or indictable, the complexity of legal issues, whether fresh evidence is introduced, and the length of the trial and pre‑trial motions. Each case is specific so there is not one single price to bring an appeal.

Transcript Expenses

Transcripts are a major expense. Every word of the trial must be transcribed (e.g., $6.30 per page). A single trial day may cost about $1,000 in transcript fees, so a five‑day trial could exceed $5,000.

• Conviction appeals usually require the full transcript
• Sentence appeals may proceed with a shorter record and agreed facts, reducing costs

Get Help With Your Criminal Appeal

Delays can jeopardize your case. Strict deadlines apply, so contact a criminal defence lawyer immediately if you need appellate help.

Past successes do not guarantee future results. Outcomes vary based on the facts and merits of each case.