Ontario Court of Justice of Appeals

 We can Appeal your Traffic Ticket If you’ve been Convicted

 

 

 

Have you been Convicted of a Traffic Offence and want to Appeal the decision?

D.C. Paralegal Services are Experienced in Handling Appeals in the Provincial Offences Act Courts in Ontario.

What We Can Do For You:

  • We determine if you are within the 30 day time limit from the date of conviction to  the day you file the Appeal

  • We determine if the Justice of the Peace made an error in the law

  • We order your Original Transcripts (If and when required)

  • We prepare an outline of any arguments supported by any relevant case law to the judge.

  • We prepare the legal paper work telling the Judge what the grounds are for your Appeal.

  • We conduct legal research and attach the legal precedents.

  • We file the Appeal documents and serve the prosecution and the court

  • We can advise the Ministry of Transportation to have your demerit points and the conviction removed from your driving record until the Appeal is complete.

  • We will argue your Appeal at the Appeal court which can often result in either a new trial or a complete acquittal.

    NOTE: Unless you apply to stay the fine payment order, you must pay the fine before launching your Appeal.

We at D.C. Paralegal Services are trained at presenting and putting forth a thorough and persuasive Appeal to argue on your behalf.  The Appeal is based on the original proceedings and you usually are not required to have attend court.

We are experienced in Handling Appeals

If you feel you didn’t get the resolution you wanted or deserved in court than an Appeal is your best and last option in order to to get the resolution you want.

An Appeal is not like a trail. Written submissions, laid out in the factum, are the most influential. Where oral arguments are the  least influential.  The court relies on the testimony transcript  from the trial and written submissions of the parties. Each party may be given limited time for oral arguments.

What is a Factum and Why is it important?

A factum is a statement of facts and a summary of the legal argument presented to the Ontario Court of Appeal.  It is a bound document that has four parts: a summary of the facts that relate to the arguments in the Appeal; the issues in the Appeal; the legal argument; and the desired relief .

The factum is so important because the written submissions are the key to a good argument. So it is vital to have a good one. Without legal training, it would be very difficult to write a convincing factum. This is the reason representation is so important to putting your best for forward in having a winning argument in court.

Grounds for Appeal

In court you must prove that the ruling was “unreasonable” or not supported by the evidence or there was an error in the law.

Common examples of this are:

  • Judge admitted evidence improperly.

  • There was no reason give by decision by the Judge.

  • The Judge failed to give an appropriate remedy.

  • The Judge was biased against the accused.

  • Charter rights of the accused were violated.

  • An important piece of evidence wasn’t examined by the Judge.

  • The Prosecutor asked improper questions while cross-examining the accused.

  • There were no facts supported to warrant the verdict.

  • There was an error made by the Judge in the facts or in the law.

Part I, Part II & Part III Convictions under Provincial Offences Act

Part I and Part II – Minor Traffic Offenses and Parking Infractions

  • 30 Days to File a Notice of Appeal
  • Convictions where the trial was before a Justice of the Peace
  • The Appeal is brought in front of a judge in the Ontario Court of Justice

Part III – Are For More Serious Offenses

  • 30 Days to File a Notice of Appeal

Note: Unless you apply to pay the fine payment ordered, you must pay the fine before launching your Appeal.

If your driver’s license was suspended (e.g., conviction for driving while under suspension), and you want to drive pending an Appeal, you are required to apply for a stay of the suspension order.

If you cannot pay the fine within the time allotted, you can apply to the court for special authorization to “waive” the payment or extend the time to file the Appeal.

Ordering the Transcripts

Transcripts are the recorded details of every word spoken in your case. Three copies of transcripts are needed in order to appeal a decision in Ontario.

Note: Before you File for an Appeal you must know that transcripts can be expensive.

Exhibits from the trial also must be requested from the court. They will send them to the Appeal court. Copies can be made of these documents also. You will also need three copies of whatever case law you plan to present.

If you retain us to handle your Appeal we will order any transcripts, exhibits or case law and make all copies needed for your case.

 

Possible Results

There are a limited amount of outcomes possible for an Appeal by the Provincial Offences Act.

The Appeal Court can:

  • Find you Not Guilty. An acquittal ordered to be registered.

  • Sentence amended to a another charge or result.

  • A Dismissal of the Appeal.  Nothing will change and the original conviction and will stand.

  • A new trial ordered.  The New trail will be heard by a different Justice of the Peace than the one from the first trial.

D.C. Paralegal Services can help you with your Appeal every step of the way.

We have experience  in the Ontario Appeals Court and knowledge of the Appeals process, and we to help you get the result you want.  If you need our help please call 1-888-668-9267 or  fill out our contact form for more information.

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