Appeals (Precedent)

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PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Indictable Offence Appeal to Court of Appeal

• Generic Notice of Appeal to Court of Appeal (gdocs)
• Generic Notice of Leave for Appeal to Court of Appeal (gdocs)

NOTICE OF APPEAL

NOTICE OF LEAVE TO APPEAL

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [PROVINCE] COURT OF APPEAL BETWEEN: [ACCUSED NAME] Appellant – and – HIS MAJESTY THE KING Respondent NOTICE OF APPEAL (Crown appeal against acquittal) OR (Accused appeal against conviction) TAKE NOTICE that the Appellant appeals against the acquittal/conviction of the respondent/appellant on the X counts of XXX upon grounds involving a question of law alone. OR TAKE NOTICE that the Appellant appeals against the conviction of the Appellant on the X counts of XXX upon grounds involving a question of ..... The grounds for appeal are: That the learned trial judge erred in law by .... UPON such further or other grounds as counsel may advise. The relief sought is: THAT the acquittal be set aside and a new trial on the XX counts of XXXX be ordered or, in the alternative, such further or other relief as this Honourable Court deems judge and appropriate. FOR THE PURPOSE OF THIS APPEAL, THE APPLICANT MAY BE SERVED AT: By service in accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: The Registrar, Court of Appeal [address of the court of appeal] AND TO: [the name of the respondent], the Respondent herein

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] Appellant – and – HIS MAJESTY THE KING Respondent NOTICE OF APPLICATION FOR LEAVE TO APPEAL AND NOTICE OF APPEAL PARTICULARS OF SENTENCE Place of Trial: [court, city, province] Name of Judge: The Honourable Mr./Mrs. Justice Offence(s) of which Accused Convicted: [name of offence(s)] Section(s) of Criminal Code or other Statute under which Accused Charged: [section(s)] Plea at Trial: [guilty / not guilty] Length of Trial: [not applicable / X hours / X days] Sentence Imposed: [list all sentencing orders] Date of Conviction [date of conviction or guilty plea] Date of Sentence: [date of sentence] TAKE NOTICE that the Applicant/Appellant, the Attorney General for the Province of [province], applies for leave to appeal against the sentence imposed, and if leave be granted, hereby appeals against the said sentence. The grounds of appeal are: ☐ The sentence is manifestly unfit; ... ☐ Such further and other grounds of appeal as counsel may advise and this Honourable Court may permit. The relief sought is that leave to appeal be granted, the appeal be allowed and the sentence increased substantially. FOR THE PURPOSE OF THIS APPEAL/APPLICANT, THE APPELLANT/APPLICANT MAY BE SERVED AT: By service in accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: The Registrar of this Honourable Court AND TO: [accused / crown as the case may be]

Fresh Evidence

NOTICE OF APPLICATION FOR FRESH EVIDENCE

AFFIDAVIT

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] Appellant – and – HIS MAJESTY THE KING Respondent NOTICE OF APPLICATION FOR LEAVE TO ADMIT FRESH EVIDENCE (purusant to section 687(1) of the Criminal Code) TAKE NOTICE AND FURTHER TAKE NOTICE DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title]

Summary Offence Appeal to Summary Conviction Appeal Court

NOTICE OF APPEAL

NOTICE OF LEAVE TO APPEAL

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [PROVINCE] SUMMARY CONVICTION APPEAL COURT BETWEEN: [ACCUSED NAME] Appellant – and – HIS MAJESTY THE KING Respondent NOTICE OF APPEAL (Crown appeal against acquittal) OR (Accused appeal against conviction) TAKE NOTICE that the Appellant appeals against the acquittal/conviction of the respondent/appellant on the X counts of XXX upon grounds involving a question of law alone. OR TAKE NOTICE that the Appellant appeals against the conviction of the Appellant on the X counts of XXX upon grounds involving a question of ..... The grounds for appeal are: That the learned trial judge erred in law by .... UPON such further or other grounds as counsel may advise. The relief sought is: THAT the acquittal be set aside and a new trial on the XX counts of XXXX be ordered or, in the alternative, such further or other relief as this Honourable Court deems judge and appropriate. FOR THE PURPOSE OF THIS APPEAL, THE APPLICANT MAY BE SERVED AT: By service in accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: The Registrar, Court of Appeal [address of the court of appeal] AND TO: [the name of the respondent], the Respondent herein

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] Appellant – and – HIS MAJESTY THE KING Respondent NOTICE OF APPLICATION FOR LEAVE TO APPEAL AND NOTICE OF APPEAL PARTICULARS OF SENTENCE Place of Trial: [court, city, province] Name of Judge: The Honourable Mr./Mrs. Justice Offence(s) of which Accused Convicted: [name of offence(s)] Section(s) of Criminal Code or other Statute under which Accused Charged: [section(s)] Plea at Trial: [guilty / not guilty] Length of Trial: [not applicable / X hours / X days] Sentence Imposed: [list all sentencing orders] Date of Conviction [date of conviction or guilty plea] Date of Sentence: [date of sentence] TAKE NOTICE that the Applicant/Appellant, the Attorney General for the Province of [province], applies for leave to appeal against the sentence imposed, and if leave be granted, hereby appeals against the said sentence. The grounds of appeal are: ☐ The sentence is manifestly unfit; ... ☐ Such further and other grounds of appeal as counsel may advise and this Honourable Court may permit. The relief sought is that leave to appeal be granted, the appeal be allowed and the sentence increased substantially. FOR THE PURPOSE OF THIS APPEAL/APPLICANT, THE APPELLANT/APPLICANT MAY BE SERVED AT: By service in accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: The Registrar of this Honourable Court AND TO: [accused / crown as the case may be]

Judicial Review

NOTICE OF APPLICATION FOR FRESH EVIDENCE

AFFIDAVIT

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: [ACCUSED NAME] or HIS MAJESTY THE KING Applicant – and – [Name of Decision-maker] Respondent NOTICE FOR JUDICIAL REVIEW (pursuant to Rule XXX) TAKE NOTICE that the applicant requests judicial review of [decision/action/inaction] by a decision-making authority [authority]. AND FURTHER TAKE NOTICE THE APPLICANT RELIES ON THE FOLLOW GROUNDS: [grounds consisting of reasons for granting the relief and alleged facts] ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for [describe the type of order and terms of the order] FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title]