However, one key thing to note is that not all of this process is guaranteed. The Supreme Court gets to pick and choose the cases that it takes on. It has no obligation to examine your case. Should the court review your request and deny your appeal, you are still stuck with the lower court’s ruling.

There are rare exceptions for some criminal cases, but this is true for civil appeals.

So, what cases is the court likely to take on? Generally, it is looking for cases that are important nationwide. These are big cases that must be resolved properly and that may impact a lot of people. It also looks for cases regarding parts of the law that are unsettled — the gray areas. By making rulings in these areas, it can help to define the law and set precedents that will be used in future cases at lower levels.

No matter what part of the appeals process you’re in, always be sure that you know what rights you have and the legal steps that have been established.

Source: Department of Justice, “The Appeal Process in Canada,” accessed Aug. 10, 2016

This is an improper way to look at appeals. It is not the same as a second trial. The facts of the case are not going to be discovered during the appeal. They were already discovered during the trial and they generally have to stand.

The appeal, therefore, is just to challenge the outcome of the case, based on those established facts. For instance, you may think that the judge misinterpreted the law and did not apply it correctly. You are not arguing that the facts are wrong, but that the judge should have come to a different conclusion when looking at those facts. You’re not asking for new facts to be found outright.

There are some ways in which facts can be dealt with in an appeal. For example, you may want to challenge the way that the facts were discovered. You may think they were discovered illegally and should not be considered. You could be appealing on the grounds that the outcome was wrong because these specific facts were used.

Other than that, though, you are typically struck with the facts from the original trial. Make sure that your appeal is based on the proper grounds when you start. Errors of fact can happen, as noted above, but most appeals are focused around an error of law. Knowing what the focus should be gives you the best chance for success in Alberta.

Source: Ontario Bar Association, “5 Tips For Arguing Your First Appeal,” Brock Jones, accessed July 15, 2016

An error of fact means that you think the judge had the wrong facts or interpreted them incorrectly. With the right information, you think the judge would not have ruled against you, and you want a chance to give the high court that information.

An error of law means that the judge had all of the right information, but you think the law wasn’t applied correctly. Judges are human; a mistake could have been made.

For example, you may have asked for child support in a divorce, but the judge determined that you couldn’t get it because your child was 20 years old, which is too old for support to be granted because the cutoff is 18.

This could be an error of law if your child is still a student and the judge simply forgot that the Family Law Act says that full-time students, even if they’re over 18, can still qualify for child support. It could be an error of fact if your child is actually under 18, but the judge was given the wrong information, perhaps because you have another child who is over 18.

The difference may seem small, but it is very important when considering an appeal in Alberta. Make sure you know your legal options when a ruling doesn’t go in your favor.

Source: Alberta Courts, “Do you have grounds to appeal?,” accessed July 01, 2016

Previously this month, the Ontario Ministry of the Environment and Climate Change approved the wind turbine project. Soon after, the mayor of Collingwood asked her county and neighborhood to come together and fight the project in order to get it stopped.

According to the mayor, they need to sink their teeth into the problem, and the community’s support will help. She also said that the county’s appeal will help a lot in their efforts by giving them a great deal of clout. The deputy-mayor of Clearview Township feels that their municipalities have a strong case to stop the turbines, and that case will be made stronger with the county behind them as the third appellant. He said that it provides them with a little more strength. He also said that the county’s support will bring more attention to safety issues associated with the towers being situated close to the airport.

Large scale construction projects in different parts of Canada require a lot approvals before they can get underway. Still, even when they are approved, those approvals might be appealed. For this reason, it is best to build a sound legal strategy for gaining the approval of any construction project well before it is time to initiate it.

Source: Patrick Bales, “County of Simcoe appealing wind farm plan OK’d for Clearview,” Patrick Bales, Feb. 25, 2016

Disagreements over a particular judge’s decision will need to be brought up in appeals court through the appeals process. Meanwhile, issues relating to the conduct of a judge need to be taken up with the court.

For example, if the problem involves a Supreme Court of Canada judge’s conduct, a letter needs to be drafted and addressed to the Canadian Judicial Council in Ottawa. In the letter, the problems related to the judge’s conduct must be clearly described.

If the complaint relates to the conduct of a non-Supreme Court of Canada judge, then it will be necessary to contact the staff of the court where the judge presides. By contacting the staff of that court, it can be determined whether it is more appropriate to bring the matter up with the Canadian Judicial Council, or with territorial or provincial officials.

Civil litigation proceedings certainly do not always go as planned, and issues can be particularly difficult when a judge makes a bad decision that is not in alignment with the law. It can be even more unsettling if a judge comports him or herself in an inappropriate fashion that affects the outcome of one’s legal proceedings. Fortunately, as in all areas of the law, there is a legally appropriate manner in which to deal with these kinds of issues.

Source: Supreme Court of Canada, “Supreme Court of Canada: Frequently Asked Questions,” accessed Nov. 20, 2015

The lowest court is the territorial or provincial court. You’ll find these in Alberta and almost all other parts of Canada, with the lone exception being Nunavut. Regardless, if you start a court case, this is likely where it will begin.

After that are the provincial and territorial superior courts. In some cases, for more serious issues, the cases start here, jumping the lower courts. For most civil matters, though, these are the secondary courts that are used when a decision made in a lower court is being appealed.

Appeals may also end up in the provincial and territorial courts of appeal. These can be used as cases progress or as the initial appeal for a case that started in the superior courts.

Finally, the highest level in the entire legal system is the Supreme Court of Canada. After a case has moved up through the various levels and been subjected to appeals, if no decision can yet be reached, the Supreme Court may choose to take on the case. They have the final say in these matters.

This structure is not too difficult to follow, but it’s worth noting that it can take some time for cases to move from one court to the next. Make sure you know all of the legal steps that are necessary for each different level.

Source: Department of Justice, “Canada’s Court System,” accessed Aug. 20, 2015

First off, after you go to Provincial Court and you get a judgement, your notice of appeal has to be in within the next 30 days. To file this, you must go to the Provincial court office of the same court where that judgement was handed down. You then have to serve those in the case the Notice of Appeal, which you can either do by registered mail or in person.

Next, you have to go over to the Court of Queen’s Bench Civil Document Filing Area, where you’re going to file the records showing that payment was made, the Notice of Appeal, and an Affidavit of Service to show that you served all of the proper parties. You have another week to do this, giving you a total of 37 days from the original judgement. You then must file the transcript of evidence and any additional Affidavits of Service within three months of this later date.

If all of this is not done in three months, the court is going to dismiss the appeal. This is true even if you took some of the steps, such as filing the original Notice of Appeal.

Be sure that you know not only what legal steps you need to take to start an appeal, but when you must take those steps to allow the case to move forward.

Source: Alberta Courts, “Appeals,” accessed May. 14, 2015

The man was reportedly driving a minivan on July 25, 2012 when he crossed the centre line, colliding head-on into the 45-year-old motorcyclist. His blood alcohol content at the time of the accident was reportedly three times the legal limit. He additionally had two prior drunk driving convictions, one dating from 1993 and the other dating from 2000.

The man is arguing that the court placed too much weight on his old drunk driving convictions while also ignoring mitigating information. He reportedly quit drinking following the accident and demonstrated remorse. The crown prosecutor is arguing that the man’s sentence was appropriate. The appeals court judges have not yet issued their ruling and will do so later.

Appeals may be difficult as they often turn on highly complex legal arguments. Typically, appellate courts do not like to disturb the rulings of lower courts, doing so only when errors were made. People who wish to appeal their cases may thus want to seek the help of a litigation and appeals lawyer. A lawyer may be better equipped to research and write the appellate briefs necessary to assist their clients. They might then advocate on behalf of their client with arguments and with countering the other side’s legal positions. If an appeal is granted, the case may go back for a new trial or a ruling in line with the appellate court’s findings.

Source: Calgary Herald, “Drunk driver who killed motorcyclist appeals six-year sentence,” Jason Van Rassel, March 24, 2015.

The property owner claims that the water on her property has been so polluted by hydraulic fracturing, also known as fracking, that it causes burns to skin. She blames Encana and the province for the contamination of her water supply by chemicals. Although the woman’s own water well has been affected, she says her commitment to litigation and appeals is about helping the broader community.

According to the plaintiff, she would never have pursued the lawsuit if she were the only person affected by fracking. She claims that fracking companies all over the country are harming everybody’s drinking water. Despite her lawyers warning that the Supreme Court only hears one out of every ten cases, the woman has chosen to go ahead with hers. She will have 60 days from the time her last appeal was lost to apply for a leave to appeal to the Supreme Court.

Appeals differ from regular court trials, and a plaintiff may wish to seek representation from a lawyer before and during the appeal process. A lawyer may be able to help the plaintiff to prepare a strong appeal factum that will be presented to the panel of judges at the Supreme Court.

Source: 630 CHED, “Alberta fracking case could go to Supreme Court“, Brenton Driedger, September 15, 2014