If you wish to file an appeal on a Part I, II or III conviction, the following must be done within 30 days of the conviction date.
A transcript of the proceedings must be ordered. This is a legal requirement pursuant to the Court of Justice Act, O.REG. 722/94 (rules of the Ontario Court (Provincial Division) in Appeals under Section 135 of the Provincial Offences Act) and O. REG. 723/94 (Rules of the Ontario Court (General Division) and the Ontario Court (Provincial Division) in appeals under Section 116 of the Provincial Offences Act).
Outstanding fine(s) relating to the charge(s) being appealed must be paid in full at the POA Office. This is a legal requirement.
If you are unable to pay the fine, proceed to the Appeal Court Office located at Old City Hall Room 7.
You will be required to file an Application to Waive Fine Payment known as a ‘Recognizance’. This application is heard before a Judge. If your application is granted, you will be required to enter into a recognizance in lieu of fine payment and the Appeal Court will accept your Notice of Appeal.
Proof of your transcript order (receipt and copy of the order) must accompany your ‘Notice of Appeal’ application, which the Appeal Court will review; without proof that you ordered a transcript and paid your fine(s) or entered into a recognizance the Appeal Court will not accept your application.
Upon notification that your transcript is ready for pick-up, the litigant and/or their legal representative must serve the prosecutor with a copy of the transcript within 30 days. The litigant then has 5 days to file proof of service with the Appeal Court.
This is a legal requirement under the Courts of Justice Act, Ontario Regulation 722/723.
Serve the prosecutor’s office within 30 days from the date you are notified that your transcript is completed.
When you serve the prosecutors they will retain a copy of the transcript and date stamp, initial and acknowledge service on a second copy of your transcript, which will become the judge’s copy.
The served copy (which is the judge’s copy) is then filed with the appeal court office, who will schedule your appeal hearing date. The Court of Appeal must receive your filings no later than 5 days from the date you served the prosecutor.
Third copy of the transcript is kept by the litigant for your records.
Refer to the steps outlined above if you are granted an extension to file an appeal.
Failure to do so will result in the following:
If you do not pick up your transcript and perfect your appeal after 36 days from being notified that it is ready, the court office will advise the Appeal Court Office notice of the transcripts being ready was given and the transcript was not picked up.
The Appeal Court Office will list your case on an Appeal Court Abandonment List for a Judge to review and render a decision based on the information before him/her.
If you do not apply for an appeal within the prescribed 30 days from the date of conviction, you will be required to file an application before the Court of Appeal requesting additional time to file your appeal.
If the application is granted, you will then be required to pay the fine(s) and order a transcript of the proceedings.