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Criminal Appeal Lawyers

If you’ve been convicted of a crime in Ontario and believe there has been a mistake in the legal process, a criminal appeal may be your next step. A criminal appeal is a legal process where a higher court reviews the decision of a lower court to determine if any legal errors were made that could have affected the verdict or the sentence.

Your Guide To Criminal Appeals

If you or a loved one has been wrongfully convicted, or you believe your sentence is not appropriate in the circumstances, please call us for a free consultation.

Bail Pending Appeal

Conviction Appeal

Sentence Appeal

Why File an Appeal?

An appeal is not a new trial. Instead, it is a way to address issues such as:

  • Misapplication of the law

  • Improper admission or exclusion of evidence

  • Jury misconduct

  • Sentencing errors

Filing an appeal can potentially overturn a conviction, reduce a sentence, or result in a new trial.


The Appeals Process in Ontario

  1. Notice of Appeal: This is the first step and must be filed within 30 days after the conviction or sentence for indictable offences. For summary conviction offences, the notice of appeal must be filed within 30 days after the sentencing decision.

  2. Preparation of the Record: The trial court’s records, including transcripts, evidence, and other documents, are prepared for review by the appellate court.

  3. Written Factums: Both sides submit written arguments. The appellant’s factum outlines the errors and arguments for why the conviction or sentence should be overturned. The Crown will respond with their factum.

  4. Oral Arguments: In some cases, the Court of Appeal for Ontario may hear oral arguments from both sides.

  5. Decision: The appellate court will issue a written decision, which could affirm the conviction, reverse it, order a new trial, or modify the sentence.


Grounds for Appeal


Successful appeals typically rely on strong legal arguments showing that:

  • There was a significant error of law during the trial.

  • The evidence does not support the verdict.

  • The defendant’s rights were violated in some way that impacted the fairness of the trial.


Our Services


At Gilbert Barristers and Solicitors, we can assist in criminal appeals to challenge convictions and sentences in Ontario. Our experienced lawyers will:

  • Conduct a thorough review of your case.

  • Identify any legal errors or grounds for appeal.

  • Prepare comprehensive and compelling factums.

  • Represent you during oral arguments in the Court of Appeal for Ontario.

Our Fees

At Gilbert Barristers and Solicitors, we can assist in criminal appeals at a reasonable cost. Our fees are based on the complexity and time spent on a matter. Generally, our fees are affordable for most people. 

Contact Us

If you believe you have grounds for an appeal, it is crucial to act quickly. Contact us today for a consultation to discuss your case and explore your legal options.


Note: The success of an appeal depends on many factors, and not all cases will qualify for an appeal. Consulting with an experienced criminal appeal lawyer is essential to evaluate the merits of your case.



Free Consultation



The information contained in this website is for general information purposes only. The information is provided by Gilbert Barristers & Solicitors and while we endeavour to keep the information up to date and correct, laws change frequently. Therefore, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Accessing or using this information does not create a lawyer-client relationship. For specific legal advice please contact us at 1-866-720-2245.

Gilbert Barristers & Solicitors respect every visitors privacy. All personal information collected by Gilbert Barristers & Solicitors is used in accordance with Federal and Provincial privacy laws. 

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