Generally speaking, the appeals process goes like this: A judge rules on your case, and you then appeal to the court because you do not agree with the judgement. The appeals court then rules, and you either agree with it or you decide to appeal again, this time to the Supreme Court of Canada. What the Supreme Court says stands, so this body makes the final ruling and the case ends. There are also instances where the Supreme Court may order that there should be a brand new hearing or a new trial entirely, as well.
One misconception that people sometimes have about the appeals process is that they're going to give the court a chance to find new facts. They view an appeal as if it is a second trial.
If you're seeking an appeal, it typically means that an error was made by the judge -- at least, you believe such an error was made. You want a higher court to look at the decision to see if it should hold up. You think they will identify the error and rule in your favor because of it. The two main types of errors that can cause this are errors of law and errors of fact.
The Ontario Township of Clearview, along with the town of Collingwood, are fighting to curb plans to build a wind turbine farm. The plans involve building eight 137 metre high wind turbines not far from the Collingwood airport. Last Thursday, the County of Simcoe voted in favor of the municipalities to appeal the Fairview wind project. The governments have asked that the project be appealed to the Environmental Review Tribune.
Litigants who feel that the judge presiding over their case acted inappropriately may wish to file a complaint against the judge. Before moving forward with such a complaint, however, it must be determined whether the issue relates to the judge's conduct or a decision made by the judge.
Anyone in Alberta who is considering moving forward with a court case or an appeal should know exactly how the courts are structured and how cases will move through various courts. The whole legal process is sometimes a bit overwhelming if you've never gone through it before, so this information can be very helpful and can put you at ease.
One of the most important things to know about an appeal is that there is a timeline that has to be followed in Alberta. If you do not adhere to this, even innocently, you may not be able to file an appeal.
A Calgary man who was convicted of killing a motorcyclist while driving drunk has filed an appeal of his six-year sentence. The man is reportedly arguing that the sentence was too long given the facts of his case, and that the sentence should have more appropriately been in the range of four or five years.
After losing an appeal, a property owner in northeast Calgary plans to take her lawsuit against an Alberta energy regulator to the Supreme Court. On Sept. 15, the Alberta Court of Appeal upheld a previous ruling by an Alberta Court of Queen's Bench judge who said that the woman could not sue Encana. The initial court ruling last fall found that the company was immune from civil claims.