appeals




NOTICE TO READER


The answer to each question below is a brief summary for informational purposes only and is only applicable in the Province of Ontario. It is not meant to be legal advice. If you require information or advice as it relates to your individual circumstances you are advised to consult with your own lawyer or retain the legal services of Veena Pohani.


What is Appeals?


The most critical decision you can make if you decide to appeal an interlocutory or final order of your family law decision is that time is of the essence.

You have 7 days to file an appeal for an interlocutory decision which is an interim or temporary order.

You have 30 days to file an appeal from a final order.

Once you file your appeal, you must then obtain a certificate of proof ordering transcript and file that with the court. You and the Respondent must decide if transcripts are required. It is my opinion that transcripts are generally required as I do not know how an Appeals Court would be able to render a decision without a framework for what occured in the lower court.

Appeals have a higher standard of proof than a trial court since all the evidence was already argued at trial and the standard is deference towards a trial court. The Appeal Court must be convinced that serious and overriding error in law or fact was committed by the trial court which warrants intervention. Appeals are costly and are emotionally challenging as well. The Appeals Court will not hesitate to dismiss an appeal if there is no merit to it, or it hasn’t been perfected on time.

I have conducted many appeals and enjoy them tremendously. I regard it as a rewarding challenge to launch an appeal of what may be a very poor decision at the trial level.

Last year I took the Ministry of Attorney General to Court and obtained an Order that they were to pay Legal Aid Ontario’s counsel fees and disbursements for an appeal of a child welfare matter. It was the first successful motion within an appeal in Ontario.

See also A.C.W. v. T.M.P, 2014 ONSC 6275 (CanLII).

Please do not hesitate to contact me.