Appellate Advocacy Excellence

SPBarristers provides skilled appellate representation in criminal and regulatory matters before all levels of court in Ontario and across Canada. Our appellate lawyers have extensive experience in identifying appealable issues, crafting compelling legal arguments, and advocating effectively before appellate courts.

Courts We Appear Before

Ontario Court of Appeal

We regularly appear before the Ontario Court of Appeal in:

• Criminal appeals from superior court convictions and sentences
• Summary conviction appeals from provincial court decisions
• Crown appeals from acquittals and sentences
• Regulatory and administrative law appeals
• Charter applications and constitutional challenges

Supreme Court of Canada

Our team has experience with Supreme Court of Canada matters:

• Applications for leave to appeal
• Criminal law appeals of national importance
• Constitutional and Charter issues
• Regulatory and administrative law matters

Federal Court of Appeal

We handle appeals in federal jurisdiction matters:

• Immigration and refugee appeals
• Federal regulatory matters
• Judicial review of federal administrative decisions

Types of Appeals We Handle

Criminal Appeals

Our criminal appeal practice includes:

• Conviction Appeals: Challenging wrongful convictions based on errors of law, fact, or mixed law and fact
• Sentence Appeals: Seeking reduction of excessive sentences or challenging sentencing errors
• Acquittal Appeals: Defending against Crown appeals from trial acquittals
• Pre-trial Appeals: Charter applications, bail appeals, and interlocutory matters
• Fresh Evidence Applications: Introducing new evidence that could affect the outcome

Regulatory Appeals

We handle appeals from regulatory and administrative decisions:

• Professional discipline appeal proceedings
• Securities law enforcement appeals
• Environmental and health & safety appeals
• Licensing and permit appeals
• Administrative monetary penalty appeals

Judicial Review Applications

We bring applications for judicial review of administrative decisions:

• Procedural fairness violations
• Jurisdictional challenges
• Unreasonable decisions
• Bias and conflict of interest issues

Our Appeal Process

Case Assessment and Merit Review

We begin with a thorough assessment of appeal prospects:

• Review of trial transcripts and evidence
• Identification of potential grounds of appeal
• Assessment of likelihood of success
• Strategic advice on whether to proceed with appeal

Notice of Appeal and Procedural Requirements

We handle all procedural aspects of the appeal:

• Timely filing of notices of appeal
• Preparation and filing of appeal records
• Compliance with court rules and deadlines
• Case management and scheduling

Factum Preparation

Our lawyers prepare comprehensive written arguments:

• Clear statement of facts and procedural history
• Identification of issues and grounds of appeal
• Legal research and analysis
• Persuasive written advocacy

Oral Argument

We provide skilled oral advocacy before appellate courts:

• Preparation for judicial questioning
• Clear and concise presentation of arguments
• Response to court concerns and questions
• Strategic focus on key issues

Grounds of Appeal

Errors of Law

Common legal errors that may ground an appeal:

• Incorrect jury instructions
• Improper admission or exclusion of evidence
• Misapplication of legal principles
• Charter violations
• Sentencing errors

Errors of Fact

Factual findings that may be successfully appealed:

• Unreasonable verdicts
• Misapprehension of evidence
• Credibility assessments not supported by evidence
• Failure to consider relevant evidence

Procedural Errors

Procedural violations that may warrant appellate intervention:

• Denial of right to counsel
• Improper conduct by Crown or court
• Bias or reasonable apprehension of bias
• Denial of fair trial rights

Strategic Considerations

Timing and Deadlines

Appeal deadlines are strict and unforgiving:

• 30 days for most criminal appeals
• 15 days for summary conviction appeals
• Various deadlines for regulatory appeals
• Extensions of time applications when necessary

Bail Pending Appeal

We assist clients with applications for bail pending appeal:

• Assessment of release prospects
• Preparation of comprehensive release plans
• Advocacy before single judges and panels
• Ongoing compliance monitoring

Settlement and Resolution

When appropriate, we explore resolution options:

• Negotiation with Crown counsel
• Agreed statements of fact
• Consent orders and settlements
• Alternative dispute resolution

Why Choose SPBarristers for Appeals

Appellate advocacy requires specialized skills and experience:

• Specialized Expertise: Our lawyers focus specifically on appellate practice
• Written Advocacy: We excel at crafting persuasive written arguments
• Oral Advocacy: Our lawyers are experienced appellate advocates
• Strategic Thinking: We identify the strongest grounds of appeal and focus our arguments accordingly
• Track Record: We have achieved successful outcomes in complex appeals

If you believe you have grounds for appeal or are facing an appeal brought by the Crown or a regulatory body, time is critical. Contact SPBarristers immediately to discuss your appellate options and protect your rights.