Provincial Offences Appeals

Were you running your own trial? Was the information not clear? Were you not happy with the outcome? Were you convicted without any notice? File an appeal. An appeal is a request to a higher court to review a lower court trial or other decision.

Free Quote

Two people reviewing paperwork at a desk

92%

Report reduced fines or charges

Average Rating

Provincial Offences Act Appeals

Appeal Judge’s Authority

Uphold trial decision
Reverse trial decision
Modify trial decision
Order a new trial
Must show deference to the trial decision
No power over demerit points and negative insurance consequences

Appeals Against Conviction

The Judge may allow if they are satisfied that:

Conviction was unreasonable or not supported by evidence
Trial court erred in law
Miscarriage of justice occurred

Appeals Against Sentence

The Judge may allow if:

Error in principle by the trial court
Failure to consider a relevant factor
Overemphasis on a factor
Sentence is clearly wrong

Timing of Appeal Decision

Judge may decide on the day of the hearing
May require more time, leading to:
Another hearing date for an oral decision
Written decision sent to parties

Ordering a New Trial

Case sent back to the original court
Notice sent to the appellant about the court date

Reopening

If you are convicted in respect of a ticket without a hearing, you can apply to have your conviction struck out and a new trial scheduled. You must apply for this “reopening” within fifteen days of becoming aware of the conviction.