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If you believe you were wrongfully convicted, that your sentence was unfair, or that a legal error was made at trial, you have the right to request an appeal. An appeal is not a new trial; it is a review of the trial decision by a higher court, and the deadline to start one is short.
Vilkhov Law's criminal appeal lawyers represent clients appealing convictions and sentences from the Ontario Court of Justice and the Superior Court of Justice, before both the Superior Court of Justice and the Ontario Court of Appeal.
An appeal is decided on the trial transcript and written and oral legal argument, not on retelling your story to a new judge. Building a strong appeal means identifying the specific legal or factual error in the trial record and framing it persuasively for an appellate court, all within a 30-day filing window.
At Vilkhov Law, our lawyers review trial transcripts, identify appealable errors, and prepare the written and oral submissions that appellate courts rely on. We bring the same preparation and advocacy to appeals that we bring to trials.
Igor Vilkhov, founder of Vilkhov Law, has represented clients at the trial and appellate level across the Greater Toronto Area. He is a member of the Law Society of Ontario and the Criminal Lawyers' Association, and is known for his thorough review of trial records when assessing an appeal.
Benson Wilson, a criminal defence lawyer at the firm, has experience with bail hearings, including bail pending appeal, and works with clients through the procedural steps that follow a conviction or sentence they wish to challenge.
Igor and Benson review each appeal on its own record, since the strength of an appeal depends entirely on what happened at trial and what the transcript shows.
An appeal is not a new trial, although it can result in one. It is a review of a higher court's decision in the trial. Through an appeal, you may argue, for example, that the trial judge made a legal error based on the transcript of the trial, or that the verdict was unreasonable.
Both the accused and the Crown are entitled to request an appeal. The party requesting the appeal is called the appellant; the other party is the respondent.
The court structure depends on whether you were tried for a summary or an indictable offence. For a summary offence, the initial appeal is brought before a single judge at the Ontario Superior Court of Justice. For an indictable offence, the initial appeal is brought before a panel of three judges at the Ontario Court of Appeal.
Both the accused and the Crown can appeal further, up to the Supreme Court of Canada. If your first appeal is unsuccessful, you generally have the ability to continue to appeal, though the strength of a case does not always improve at each level, and even a successful appeal can later be overturned.
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As an accused, you can generally appeal a conviction on a question of law, a question of fact, a question of mixed fact and law, or any ground the court deems sufficient. You can also appeal the sentence imposed, its length, and any orders or prohibitions that accompany it.
Depending on who is appealing, the court being appealed to, and the grounds of appeal, there may be an automatic right to appeal, or permission may need to be requested (known as leave to appeal). The line between a question of law and a question of fact is not always clear, and an appeal lawyer is best placed to assess which grounds apply to your case.
You can start an appeal as soon as you have been convicted. There is, however, a limited time to do so: from the day you are sentenced, you generally have only 30 days to file notice of appeal.
In rare cases, the court may allow an appeal to proceed after the 30-day deadline, but this requires a request for special permission to extend the time. Given how short this window is, it is important to contact a lawyer as soon as possible if you are considering an appeal.
An appellate court reviews the trial decision; you are not re-litigating the issues dealt with at trial. All the evidence and testimony heard at trial are recorded in a trial transcript and made available to the appellate judges, along with the lower court's judgment or charge to the jury.
New evidence is not introduced in most appeals, but appellate courts have a mechanism to receive fresh evidence that meets certain criteria: typically, it must not have been available at trial and must be relevant, credible, and capable of affecting the verdict. A lawyer can assess whether fresh evidence would be appropriate in your case, and can work to obtain it.
The appeal hearing itself looks very different from a trial. The court focuses on written and oral legal argument, and questions counsel based on those submissions. In most cases, the accused is not present in the courtroom during the hearing.
At the end of the hearing, the appellate court can do one of the following:
If you were convicted and sentenced to a period of incarceration, you remain in custody until your appeal is decided unless you secure bail. After filing a notice of appeal, you can request a bail hearing pending appeal.
To be released, you generally need to show that:
If the court orders a new trial, you may also be released on bail pending that new trial. Securing release at this stage can be difficult, and a lawyer can help you build the case for bail while your appeal is pending.
The Crown also has the right to appeal, though it is more limited than an accused's right. For indictable offences, the Crown can appeal an acquittal on a question of law alone, and can appeal a sentence. The Crown has more opportunity to appeal for summary convictions.
If the Crown appeals your case, you will receive a notice of appeal setting out its grounds. The Crown can also cross-appeal, raising its own issues in an appeal you initiated, and you have the same right in appeals the Crown initiates. A lawyer can help build your response and counter the Crown's arguments.
Appeals are lengthy and procedurally demanding. A criminal appeal lawyer can:
A criminal appeal is a review of a trial decision by a higher court, based on the trial transcript and legal argument. It is not a new trial, though in some cases an appeal can result in one being ordered.
Generally 30 days from the date of sentencing to file a notice of appeal. The court may allow a late appeal in rare cases, but this requires special permission, so it is important to contact a lawyer as soon as possible.
Appeals from a summary conviction go to a single judge of the Ontario Superior Court of Justice. Appeals from an indictable offence go to a three-judge panel of the Ontario Court of Appeal.
Yes. You can appeal the conviction itself, the type or length of sentence imposed, and any orders or prohibitions that came with it, though the available grounds differ depending on what you are appealing.
Yes, in many cases. You generally need to show that your appeal is not frivolous, that your detention is not necessary in the public interest, and that you will surrender into custody and are not a flight risk.
You generally have the ability to continue appealing, up to the Supreme Court of Canada, though each further appeal has its own leave requirements and does not automatically improve your chances.
Yes, for indictable offences, the Crown can appeal an acquittal on a question of law alone. Crown appeal rights are more limited than an accused's rights but still significant, and you are entitled to respond.
No. Most appeals are decided on the existing trial record without new evidence. Appellate courts will only admit fresh evidence that meets specific criteria, including that it was unavailable at trial and could have affected the verdict.
Given the short 30-day deadline and the technical nature of identifying appealable legal errors in a trial transcript, early legal representation significantly improves your chances of meeting the deadline and framing a persuasive appeal.
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