CONTESTING A VERDICT
Contact Montreal appeals lawyer Steven Slimovitch if you are considering appealing a court decision
(Quebec Superior Court, Quebec Court of Appeal, Supreme Court of Canada)
In the event of an unfavourable court decision, an appeal to a higher court can sometimes be launched.
Appeals are a highly specialized part of the juridical process. An in depth understanding of due process and legal frameworks is required on the part of the defence team in order to sway an appeals court that an appeal is warranted in a particular case.
The court to which an appeal is launched depends on how the prosecution choose to proceed with the initial charge. For most offenses it is the prosecution who decide if they are proceeding by way of summary conviction or by way of indictment. This distinction is key when deciding how an appeal will proceed. For instance, appeals from summary conviction trials are heard by the Superior Court whereas indictable conviction trials go to the Court of Appeal.
Appeals are either as of right or by permission. In other words, for some appeals an appellant can merely deposit a Notice of Appeal and for others, permission to appeal must be obtained from the appeals court.
In order to appeal a verdict, it is not sufficient that one is not satisfied with the trial decision. Rather the specific error in the proceedings must be isolated. It is then decided whether the error is one of law, mixed law and fact, or of fact alone. Generally, unless the appeal is based on an error of pure law, permission to appeal is the first step in the process.
Even if an appeal is granted it does not necessarily solve the problem. The appeals court can do one of three things: (1) allow the appeal, (2) deny the appeal because it finds no error, or, (3) deny the appeal when it finds an error, but decides that the verdict would have been the same notwithstanding the error. If the appeals court grants the appeal from conviction, it can either order a new trial or even order an acquittal.
Appeals are a highly specialized part of the legal process. Your legal team or appeals lawyer has to be able to understand the trial decision, synthesize the trial information, and convince the appeals court of the error(s).
What An Appeals Lawyer like Mr. Steven Slimovitch Can Offer You
When you or someone you know needs to appeal a decision, it is important to retain the services of an experienced appeals lawyer. Steven Slimovitch has successfully brought appeals before the Quebec Superior Court, the Quebec Court of Appeal, as well as the Supreme Court of Canada. He has helped countless people correct grave injustices against them and has supported his clients throughout the legal process and thereby enabling them to get their lives back on track.
Frequently Asked Questions
What is an appeal and when can I file one?
An appeal is a legal procedure that allows you to ask the court to review a judgment rendered by a trial court, such as the Court of Quebec or the Superior Court. It is a procedural step that must be taken within the prescribed time limit, generally within 30 days of the date of the judgment.
You can file an appeal if you believe that the decision of the judge of first instance contains an error of law, procedure, or fact. In some cases, it is an automatic appeal; in others, you must ask the court of appeal for permission.
What are the different types of appeals available?
In civil matters, there are two forms of appeal to the court:
- the automatic right of appeal, also known as an appeal as of right, when provided for by law.
- An appeal with leave, a procedure allowing you to ask the Court of Appeal of Quebec or another court of appeal for permission to challenge a judgment.
In some cases, an application for judicial review may also be considered before the Superior Court of Justice or the Federal Court.
What is the procedure for filing an appeal?
The appeal process starts with filing a statement of appeal or a notice of appeal with the registry of the court of appeal. This is an essential procedural step. You’ll then need to file the required procedural documents, including the brief of appeal, a copy of the trial judgment, and, if applicable, transcripts of the hearing.
These documents must be filed with the appropriate court, such as the Quebec Court of Appeal, and comply with the rules of the court of appeal. A hearing before the court will then be scheduled, and your lawyer will present your arguments before a judge of the court or a panel of several appellate judges.
What are the possible outcomes of an appeal?
When a judgment is appealed, there are several possible outcomes before the court of appeal:
- The judgment rendered in the trial court may be overturned or modified.
- The appeal may be dismissed, thereby upholding the decision of the trial court.
- A new trial may be ordered if the appellate judge finds that there was a serious error.
It should be noted that even if the court recognizes an error, it may conclude that it did not influence the final outcome and thus refuse to modify the judgment under appeal.
How can an appeals lawyer help me?
A lawyer specializing in appeals plays a crucial role. They will review the judgment rendered at the hearing, analyze the grounds for the appeal, and prepare the necessary procedural documents. They can also advise you on the procedure to follow and take the necessary steps to ensure that the appeal complies with the rules of the appeals court.
Before the Quebec Court of Appeal, a good lawyer will be able to present your case on appeal in a convincing manner and comply with the rules of the Court of Appeal, whether in civil matters or other areas.
Can I contact you at any time if I am arrested or charged with a crime?
Yes. Steven Slimovitch is available 24/7 for urgent criminal matters. If you are arrested or charged, you can call at any time to receive immediate legal assistance. Acting quickly can be critical to protecting your rights.
Will you represent me immediately if I contact you after an arrest?
Absolutely. Steven Slimovitch can act on your behalf right away. Having a lawyer present from the earliest stage helps ensure that your rights are respected and can significantly impact the outcome of your case.
Do I need to meet you in person to start working with you?
Not necessarily. In urgent cases, initial consultations can often be done over the phone or by videoconference. Steven Slimovitch will work with you to find the fastest, most efficient way to begin your defence.
How quickly can you start working on my case?
Immediately. Upon your first contact, Steven Slimovitch will start assessing your situation and advising you on the next steps to take. Early intervention often makes a major difference in criminal matters.
Do you handle cases outside of Montreal?
Yes. Although based in Montreal, Steven Slimovitch regularly represents clients across Quebec and can discuss handling cases elsewhere depending on the circumstances.