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Criminal Appeal Lawyers Toronto
A criminal appeal asks a higher court to review a conviction or sentence for legal error. It is not a new trial: the appeal court works from the trial record and can order a new trial, enter an acquittal or change the sentence. In Ontario, most notices of appeal must be filed within 30 days after sentencing. Indictable appeals go to the Court of Appeal for Ontario and summary conviction appeals to the Superior Court of Justice. Our appellate lawyers handle conviction and sentence appeals, Crown appeals and bail pending appeal across Ontario.
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.
Daniel Brown Law represents people appealing criminal convictions and sentences across Ontario. Our appellate lawyers challenge wrongful convictions at the Ontario Court of Appeal and the Supreme Court of Canada, seek reduced sentences, and obtain bail pending appeal so clients avoid unnecessary jail time during the process.
Our team of experienced appellate lawyers has 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.
- Deadline
- 30 daysAfter sentence, in most Ontario appeals
- Indictable appeals
- Court of AppealA panel of three judges, sometimes five
- Summary appeals
- Superior CourtA single judge, where the trial was held
- In custody?
- Bail pending appealDecided by a single appeal judge
How does an appeal court decide a criminal appeal?
The appeal court does not ask whether it would have convicted. It asks whether the trial went wrong in one of three ways that the Criminal Code recognizes, and whether that error mattered.
If the appeal succeeds, the court cancels the conviction and either enters an acquittal or orders a new trial. On a Crown appeal from an acquittal, it can order a new trial or enter a conviction.
Key considerations
An appeal is not a new trial
An appeal is not a new trial. The appeal court reviews the original court proceedings, including transcripts, exhibits, and trial rulings. It rarely hears new witnesses or evidence and seldom reassesses credibility unless a legal error affected it.
Some grounds need permission
After a trial on indictment, you can appeal a conviction on a question of law alone as of right. Grounds of fact, or of mixed fact and law, need leave of the Court of Appeal, and every sentence appeal needs leave.
The Crown can appeal too
The prosecutor can appeal an acquittal on a question of law alone, and a sentence with leave. Daniel Brown Law also responds to Crown appeals. See defending a Crown appeal.
Penalties can be paused
While an appeal is pending, the Court of Appeal can suspend a fine, restitution order, victim surcharge, probation order or sentence, and a judge can stay a driving prohibition, where that is in the interests of justice.
A late appeal is not always lost
The court or a judge can extend the time to appeal, but an extension is never guaranteed. Moving quickly, and explaining any delay, gives you the best chance.
What are the grounds for a criminal appeal?
Appellate courts hear cases only where valid appeal grounds exist. Common examples of appeal grounds include:
Errors of law
Attacks: the judge’s legal rulings
A legal mistake that may have affected the verdict.
- A judge's failure to apply the correct legal principles or evidentiary rules
- Improper admission or exclusion of evidence affecting the verdict
- The Judge made errors in jury instructions that misled the jury about the correct verdict
- The legal instructions the trial judge gave the jury were confusing
- The judge gave inadequate reasons for the verdict or sentence they imposed
Misreading the evidence
Attacks: the verdict itself
A conviction built on a mistaken view of the evidence, or one the evidence cannot support.
- A misapprehension of the evidence (mistake as to the substance of the evidence) that is central to why the judge convicted the Appellant.
- Misunderstandings about key pieces of evidence by the trial judge that led to an incorrect verdict
- 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
An unfair trial
Attacks: the fairness of the process
Unfairness amounting to a miscarriage of justice.
- The judge demonstrated bias towards the Crown or Defence
- The trial judge improperly intervened in questioning of a witness or that the judge improperly curtailed 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 prosecutor used inflammatory or misleading information in their closing or opening jury address or during their cross-examination.
- Procedural irregularities that denied a fair trial
Problems with trial counsel
Attacks: the defence you received
Your own lawyer’s conduct can be a ground of appeal.
- 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.
- Defence counsel acted in a conflict of interest that prevented them from properly representing their client.
A guilty plea that should not stand
Attacks: the plea
A guilty plea doesn't always end a case.
- A guilty plea was either not given voluntarily, it was not informed or it was equivocal.
Sentencing errors
Attacks: the sentence
An appeal against sentence alone, or together with the conviction.
- Sentencing errors (unlawful or disproportionate punishments)
Identifying strong grounds early is crucial for a compelling appeal. The 30-day clock runs from sentencing, and a notice of appeal must state its grounds. See winning your appeal with fresh evidence for appeals that depend on evidence the trial never heard.
Where is a criminal appeal heard, and how long do you have?
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.
| Decision being appealed | Where the appeal goes | Time limit |
|---|---|---|
| Conviction or sentence after a trial on indictmentCriminal Code s. 675; Criminal Appeal Rules r. 8(3) | Court of Appeal for Ontario | 30 days after sentence |
| Conviction or sentence in a summary conviction caseCriminal Code ss. 812–813; Criminal Proceedings Rules r. 40.05 | Superior Court of Justice | 30 days after sentence |
| A Superior Court decision on a summary conviction appeals. 839: leave required, question of law alone | Court of Appeal for Ontario | 30 days after the decision |
| A Court of Appeal decisionss. 691–693; Supreme Court Act s. 58 | Supreme Court of Canada | 60 days to seek leave; 30 days if a judge dissented |
- 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. The deadlines above are set by the Court of Appeal’s Criminal Appeal Rules, the Superior Court’s Criminal Proceedings Rules and the Supreme Court Act. A Crown appeal runs from the acquittal or the sentence, whichever is later. Where a deadline has passed, a judge can extend it.
Why choose Daniel Brown Law for a criminal appeal?
When freedom, reputation, and future opportunities are at stake, clients choose Daniel Brown Law to protect their rights and overturn unfair verdicts.
A nationally recognized defence firm
Daniel Brown Law has a leading appellate practice, defending appeals at the Ontario Court of Appeal, Superior Court of Justice, and Supreme Court of Canada, including responses to Crown appeals. Best Lawyers recognizes our appellate practice specifically, alongside our broader criminal defence work — one of the few Canadian firms to receive that designation. The firm is also ranked among Canada’s Top Criminal Law Boutiques by Canadian Lawyer and named one of Canada’s Best Law Firms by The Globe and Mail.
Appeals at every level
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
Our firm has handled hundreds of appeals at every level, from the Superior Court of Justice to the Supreme Court of Canada.
A different skill set from trial work
Criminal appeals demand a different skill set than trial work — they require identifying legal errors in the record, constructing written arguments that persuade appellate judges, and knowing when to press for bail pending appeal so a client doesn't serve time unnecessarily.
Trusted by other defence lawyers
Defence lawyers throughout Ontario regularly rely on Daniel Brown Law when clients face wrongful convictions at trial. When a conviction or sentence needs to be challenged, clients and defence counsel across Ontario turn to us because of our depth of experience and our record of results.
Daniel Brown Law's team of appeal lawyers provides trusted legal insight in Canadian media, including high-profile appellate coverage, and our lawyers contribute commentary on appellate decisions and criminal-law issues to The Toronto Star and other major Canadian news outlets:
- 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. We act on appeals from courthouses across Ontario, including Toronto, Milton, Oshawa, Newmarket and Brampton.
Recognized by the profession and the public
Daniel Brown Law is named one of Canada’s Best Law Firms by The Globe and Mail, ranked among Canada’s top criminal law boutiques by Canadian Lawyer, ranked Tier 1 for criminal defence by Best Law Firms, and voted Best Law Firm by Toronto Star readers. Five of its lawyers are recognized by Best Lawyers in Canada for criminal defence.
Best Law Firms: Criminal Law
The Globe and Mail, 2026
Top Criminal Law Boutique
Canadian Lawyer, 2026–27
Criminal Defence, Tier 1
Best Law Firms Canada, 2026
Best Lawyers in Canada
Criminal Defence, 2027
Crime, Nationwide
Chambers Canada, 2027
Toronto Star Readers’ Choice
Best Law Firm and Best Legal Services, repeat winner
The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:
- Best Lawyers in Canada — Criminal Defence — Daniel Brown, Hilary Dudding, Mark Halfyard, Lindsay Board and Colleen McKeown
- Canada's Top Criminal Law Boutiques 2026–27 — Canadian Lawyer Magazine
- Best Law Firms 2026 — Criminal Defence and Appellate Practice (Best Lawyers / Best Law Firms)
- Canada's Best Law Firms 2026 — The Globe and Mail (Report on Business)
- Toronto Star Readers' Choice Awards — Best Law Firm and Best Legal Services, repeat winner
- Chambers Canada 2027 — ranked for Crime, nationwide, by Chambers and Partners
- Certified Specialists in Criminal Law — Law Society of Ontario (Daniel Brown and Mark Halfyard — fewer than 2% of Ontario criminal lawyers hold this designation)
Our lawyers in the news
Our lawyers are regularly asked by the media to explain appeal rulings and what they mean for other cases.
Our cases on appeal
Commentary on appeals
- Toronto Star, “Guilty verdict overturned after judge consults Google Street View”
- Law Times, “OCA orders new trial for accused whose lawyer ‘conscripted him into assisting his own prosecution’”
- Toronto Star, “Appeal ruling may force new trials in 35 already completed Ontario criminal cases, courts say”
- Toronto Star, “Crown asks Supreme Court to rule on decision that has upended dozens of Ontario criminal cases”
What are the steps in a criminal appeal in Ontario?
Appeals in Ontario usually follow these steps:
-
File the notice of appeal within the deadline
In most Ontario appeals the notice must be filed within 30 days after sentencing. It sets out the grounds, and in a sentence appeal it asks for leave.
-
Order and prepare trial transcripts
The appeal is argued on the record, so every relevant day of the trial has to be transcribed by an authorized court transcriptionist.
-
Compile the appeal record and factum
The appeal book collects the key documents and rulings. The factum is the written argument: the facts, the errors and the remedy sought.
-
Exchange and file written submissions
The Crown answers with its own factum. Most appellate work occurs in writing before the hearing.
-
Schedule and attend the appeal hearing
Counsel argue before the panel, which has read the factums and questions both sides. Oral argument is focused and usually short.
-
Receive the court's decision
The court may rule from the bench or reserve and release written reasons later: the appeal is dismissed, or the court orders a new trial, enters an acquittal or varies the sentence.
Skilled counsel helps each stage move forward without costly mistakes or delays.
What are the possible outcomes of a criminal appeal?
A successful appeal can result in a new trial, an acquittal or a reduced sentence. If it fails, the conviction stands.
A new trial
Most common
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
Conviction quashed
If the trial evidence was insufficient, the court may enter a verdict of not guilty.
A reduced sentence
Sentence varied
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).
If the appeal fails
Conviction stands
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.
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. The Supreme Court of Canada put it this way in R v Lacasse, 2015 SCC 64: unless the sentencing judge made an error of law or an error in principle that had an impact on the sentence, an appeal court may not vary the sentence unless it is demonstrably unfit.
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.
Fresh evidence is routinely introduced at the appeal hearing to demonstrate the Appellant's progress since they were first sentenced.
Which criminal appeals has Daniel Brown Law won?
A selection of our reported appeals at the Supreme Court of Canada and the Court of Appeal for Ontario. Each case links to the full ruling.
Acquittals, stays and acquittals upheld
R v Godin
Stay of proceedings restored
The Supreme Court held that our client’s right to be tried within a reasonable time under s. 11(b) of the Charter was breached, reversed the Court of Appeal and restored the stay of proceedings.
R v Wong
Acquittals on all counts
Our client called police to report her stolen car and ended up charged. The Court found she was detained and denied her right to counsel, excluded the evidence and directed acquittals.
R v Chioros
Acquittals on all counts
A drug investigation built on an anonymous Crime Stoppers tip breached our client’s Charter rights. The evidence was excluded, the convictions set aside and acquittals entered.
R v Sountas
Acquittal entered
No reasonable jury could have found that our client possessed the drugs. The Court quashed the conviction and entered an acquittal.
R v Dagenais
Acquittal entered
A conviction for being an accessory after the fact to murder rested on a theory the evidence did not support and the Crown never advanced at trial. It was set aside and an acquittal entered.
R v Farmer
Crown appeal dismissed
The Crown appealed our client’s acquittal on child-pornography charges. The Court held he was not sufficiently aware of or involved in another person’s offence to be guilty, and upheld the acquittal.
New trials ordered
A new trial is a successful appeal: the conviction and sentence are set aside, and the case starts over.
R v Morrison
Law struck down · new trial
A unanimous Court struck down the child-luring presumption that an accused believed what they were told about the other person’s age, because it violates the presumption of innocence. A new trial was ordered.
R v Colley
Murder conviction set aside
The trial judge privately pressed the defence mid-trial to plead guilty, creating a reasonable apprehension of bias. Our client’s second-degree murder conviction was set aside and a new trial ordered.
R v Barrett
Murder conviction set aside
The jury should have been instructed on provocation. Our client’s second-degree murder conviction was set aside and a new trial ordered.
R v Johnson
Murder conviction set aside
Provocation should have been left with the jury. The second-degree murder conviction was set aside and a new trial ordered on that count.
R v Dudhi
Convictions set aside
A leading racial-profiling decision. After an officer’s radio comment about “brown drug dealers,” the Court found legal errors in the trial judge’s arbitrary-detention ruling and ordered a new trial.
R v P.G.
Sexual assault convictions set aside
The trial judge’s conduct gave rise to a reasonable apprehension of bias, so the trial was not decided fairly. The convictions were set aside and a new trial ordered.
R v Akhi
Robbery convictions set aside
In a home-invasion robbery trial, the jury instructions on party liability were so confused the verdicts could not stand. The convictions were quashed and a new trial ordered.
R v Ahmed
Firearms convictions set aside
Our client’s firearms convictions were quashed and a new trial ordered. His co-accused was acquitted in the same appeal.
R v Chambers
Drug convictions set aside
Our client was convicted of possessing cocaine and marijuana for the purpose of trafficking after police found drugs in her bedroom. The Court quashed the convictions and ordered a new trial.
R v Sarjoghian
Importing conviction set aside
The jury heard inadmissible evidence and was never told to disregard it. The drug-importing conviction was set aside and a new trial ordered.
Past results do not guarantee future outcomes. Each case depends on its own facts.
Criminal appeals: your questions answered
The questions we are asked most often about appealing a conviction or sentence in Ontario.
Deadlines and timing
What are the deadlines for filing a criminal appeal in Ontario?
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.
For an appeal to the Court of Appeal for Ontario, a convicted person must file the notice within 30 days after the day the sentence is imposed. The same 30 days applies to a summary conviction appeal to the Superior Court of Justice. A judge can extend the time, but you should not count on it.
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.
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.
Grounds and evidence
Can a guilty plea be appealed?
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.
Can I introduce new evidence on appeal?
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. Those are the four criteria the Supreme Court of Canada set in Palmer v The Queen, [1980] 1 SCR 759, applied under section 683 of the Criminal Code. See: Winning Your Appeal With Fresh Evidence.
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 the Crown appeal an acquittal?
Yes, but only on a question of law alone. The Crown can also appeal a sentence with leave. If the Crown succeeds, the court can order a new trial or, where the trial was not before a jury, enter a conviction. Read more about defending a Crown appeal.
Bail and custody
What is 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 confidence in the administration of justice 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.
The Supreme Court of Canada explained that balance in R v Oland, 2017 SCC 17: the seriousness of the offence weighs in favour of enforcing the verdict, and the strength of the grounds of appeal weighs in favour of review. In an appeal against sentence only, leave to appeal must be granted first, and the appeal must have enough merit that keeping you in custody would cause unnecessary hardship.
What are some examples of bail pending appeal?
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
Bail pending appeal can protect livelihoods and family life while an appeal hearing takes place.
Higher courts and further review
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.
After a summary conviction appeal, a further appeal to the Court of Appeal needs leave and must raise a question of law alone.
How do Supreme Court of Canada appeals work?
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 "public importance" before they 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.
An application for leave must be filed within 60 days of the Court of Appeal’s judgment, and a notice of appeal as of right within 30 days. The month of July does not count toward either period.
What if my appeals have run out?
Once every appeal has been exhausted, a person who believes they were wrongly convicted can apply to the federal Minister of Justice for a miscarriage of justice review under section 696.1 of the Criminal Code. The Minister can order a new trial or refer the case to the Court of Appeal. Parliament has created an independent Miscarriage of Justice Review Commission to take over these reviews, but the new review process is not yet in force.
Ontario vs. other provinces: what is different?
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.
Appeals in specialized offences
What issues come up in sexual assault appeals?
Sexual assault appeals often focus on credibility assessments or misapplication of consent laws. Read more about sexual assault defence.
What issues come up in domestic violence appeals?
Courts frequently review trial errors related to evidence admission or witness testimony. Read more about domestic assault defence.
What issues come up in impaired driving appeals?
Many appeals challenge police procedure, breathalyzer evidence, or Charter rights. A judge can also stay a driving prohibition while the appeal is decided. Read more about impaired driving defence.
What issues come up in fraud appeals?
Complex financial evidence and sentencing disputes are common grounds. Read more about fraud defence.
Costs
What does a criminal appeal cost?
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.
How much do trial transcripts cost?
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
Charges we defend
Learn more about some of the charges we defend. We also defend charges not listed here.
- Assault
- Bail hearings
- Bail pending appeal
- Coercive control
- Criminal appeals
- Criminal harassment
- Dangerous driving
- Distributing an intimate image
- Domestic assault
- Drug possession
- Drug trafficking
- Extradition
- Fail to appear at court
- Fail to comply with bail
- Failing to remain at the scene
- Firearm and weapon possession
- Forcible confinement
- Fraud
- Impaired driving
- Importing drugs
- Mischief
- Murder and manslaughter
- Obstruct police
- Peace bonds
- Public mischief
- Refusing a breath sample
- Robbery
- Sexual assault
- Sexual exploitation
- Theft and shoplifting
- Uttering threats
- Voyeurism
- Young offenders
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. Speak with an experienced criminal appeal lawyer today. Call Daniel Brown Law at (416) 297-7200.
Past successes do not guarantee future results. Outcomes vary based on the facts and merits of each case.