PROVINCIAL OFFENCES APPEALS

Provincial Offences Act Appeals

1. 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 insurance impact
2. Appeals Against Conviction
   • Conviction was unreasonable or unsupported
   • Legal error at trial
   • Miscarriage of justice occurred
3. Appeals Against Sentence
   • Error in principle by trial court
   • Ignored relevant factors
   • Overemphasized certain factors
   • Sentence is clearly wrong
4. Timing of Appeal Decision
   • Same-day ruling possible
   • May be delayed:
     • Another hearing date for oral decision
     • Written decision sent to parties

Ordering a New Trial & Reopening

1. Case sent back to original court
2. Notice sent to appellant with court date
3. Reopening: apply to strike conviction and request new trial within 15 days of becoming aware
4. Notice of Appeal must be filed within 30 days of conviction
5. Outstanding fines should be paid (with proof)
6. Trial transcripts must be ordered and submitted

You may be able to challenge the conviction or sentence by filing an appeal with the Ontario Court of Justice. Call us for a free consultation to discuss your case specifically and the possibility of appealing your conviction or sentence. Any conviction under the POA may affect your insurance for three years.

With decades of experience in Ontario courts, we understand how to build persuasive appeals that get results. Our team offers virtual legal services and remote hearings for your convenience.

Whether you were convicted without notice or feel the process was unfair, JusticeJolt can help you reopen or appeal your case while minimizing the stress and disruption to your daily life.