Grounds for appeal ?????

For a Notice of Appeal you must state the grounds for appeal. Could someone explain what are the legal grounds for appeal and what are not? thanks sherrie


Asked over 5 years ago in British Columbia
Categories: Municipal Law

Answer Now

L. John Alexander

Answer by L. John Alexander

VerifiedBritish Columbia lawyer

This depends entirely on what you are appealing, from what court level, under what statute, and of course in what province.  In B.C., an appeal from Supreme Court to the Court of Appeal is commenced by filing a fairly straight forward form set out in the Court of Appeal Rules.  It does not require the grounds to be set out, but it does require you to set out the exact nature of the Order or relief that you are seeking.

Posted over 5 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact L. John Alexander, or search the Lawyer Directory.


Harvey Brownstone

Answer by Harvey Brownstone

VerifiedOntario lawyer

Generally, in a notice of appeal, the appellant must set out the reasons why he/she believes that the order being appealed is wrong.  You usually must demonstrate that the judge made an error in law, or misapprehended the evidence, or that some other aspect of the trial was so unfair as to cause an appeal court to set aside or reverse the decision.  Appeals are very complex and difficult, and should NEVER be undertaken without a lawyer.  And, as John Alexander has stated, it is absolutely essential to examine the legislation and rules governing the substantive and procedural law, as well as the law governing appeals of such decisions.

Posted over 5 years ago

I am a presiding Ontario family court judge, author of Tug of War & host of Family Matters with Justice Harvey Brownstone.

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Comment

The case took place in provincial offense court in Ontario and I represented myself due to lack of funds for a lawyer. I told the judge on several occasions I did&nbsp; not know what to do and I did get the impression he was not happy about this. The one and only witness the opposing side had lied on the stand and I tried to prove this and the judge would not let me.&nbsp; The judge never asked any questions of me as he had in the other cases. This is only part of a larger situation that I am having with my municipality and this has been going on since 2005. The appeal will be in the Supreme Court of justice and I will not be defending myself if I can help it. I am just not sure on what grounds to appeal other than I am still not guilty of the 5 charges<br />Sherrie

Posted over 5 years ago


Reply by Legalservices afterfostercare

I am not a lawyer, but I am aware of a couple of relevant books.

When you think about the money it is scary, but compared to lawyers fees and what ever you are fighting, it might be worth it to know what you are talking about. The appeal procedures under Prov. Offences are covered as well.


1. http://www.earlscourt.ca/canadian-legal-books/provincial-offences-procedure-in-ontario.htm

(Ask if the 2nd Edition is the latest version (is there a 3rd Edition?)
Last printing: February 2005
by Sheilagh Stewart, LL.B

Stewart and Macey on provincial offences procedure in Ontario

Includes the Contraventions Act

New! Earlscourt Legal Press Announces the Second Edition of Stewart on Provincial Offences Procedure in Ontario by Sheilagh Stewart, of the Ontario Ministry of the Attorney General. This new edition is fully updated and expanded, with an encyclopaedic treatment of this expanding area of the law, now in its second edition. An indispensable resource for everyone involved in provincial offence matters, including the judiciary, members of the legal profession, regulatory agencies and governments

Stewart on Provincial Offences Procedure in Ontario, 2nd ed. is the definitive text on this area of the law, and provides comprehensive analysis of the following issues:

1. Commencement of Proceedings by Certificate of Offence
2. Parking Infractions
3. Commencement of Proceedings by Information
4. Trials and Other Hearings
5. Consequences of Conviction
6. Reopenings
7. Appeals and Reviews
8. Municipal Transfer Agreements
9. Contraventions and Other Federal Offences

Available only through Earlscourt Legal Press!





2. http://www.earlscourt.ca/canadian-legal-books/libman-on-regulatory-offences-in-canada.htm

by Honourable Justice Rick Libman,

of the Ontario Court of Justice


NEW! TWO VOLUME SET!

Comprehensive, Encyclopaedic and Authoritative


Libman on Regulatory Offences in Canada is the definitive text on this important and rapidly expanding area of the law. Written by one of Canada’s foremost authorities on regulatory offences, the encyclopaedic treatment of this area includes the following topics:

    * Introduction to Regulatory Offences
    * Overview of the Regulatory Offence in Canada
    * Legislative Procedural Regimes
    * Public Welfare Offences involving Mens Rea
    * Absolute Liability Offences
    * Strict Liability Offences
    * The Defence of Due Diligence
    * Other Defences
    * Criminal Code Licensing and Regulatory Regimes
    * Charter of Rights and Freedoms Implications

This book is an indispensable resource for all those involved in regulatory offences, including Crown and defence counsel, members of the judiciary, regulatory agencies, government, and legal educators.

Value-priced at $299.95, this current service format text is updated two to three times a year, with first update at no cost if published within three months of purchase.

Over 900 pages in two volumes
$299.95 plus shipping and GST
Publication date - August 2002
Last update - March 2008



I have not yet read Justice Libman's books but have read 2nd Edition of Stewart's above and it is very detailed. I imagine Justice Libman's is chalk full of more information as well.

Here is what the site says:
All our publications bring you cutting edge information, that is accurate, complete,  and fully up-to-date. If you have any questions or concerns about our company, or suggestions for legal materials that would be of interest to you, please call, write, email or fax us at (250) 537-9127.  (email: info@earlscourt.ca )

Posted over 5 years ago

Former Foster Child Executive Director Foster Care Council of Canada http://www.afterfostercare.ca http://www.fostercarenews.blogspot.com

I am not a lawyer

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