Because car accident cases in Ontario are almost always held in front of juries, it can be difficult to appeal cases that are dismissed or which yield an unfavourable verdict. You must prove that the jury’s decision was not only wrong, but also perverse.
If a properly instructed jury heard the evidence, the Court of Appeal will not interfere with their final decision, even if the Court thinks the jury was wrong. Unless the Court of Appeal says that the ruling was perverse, they are unlikely to interfere with it.
Many lawyers who assist accident victims, including the lawyers at Rastin Gluckstein Lawyers, are advocating to Ontario Government for the abolishment of juries in civil cases. This would allow for expedited access to justice and ensure that improperly decided trial decisions could more easily be appealed. The Ministry of the Attorney General is considering whether to agree to proceed to judge-alone trials; however, as of today, they have not agreed to move forward with this change.
However, appealing the judge’s findings or jury charge is more likely to succeed. Let one of our elite trial lawyers assist you with appealing a Barrie car accident case.
The Court of Appeal has several options when someone seeks an appeal because the judge gave an improper ruling or motion, improperly excluded or included evidence, conducted an improper charge, or the like. The Court of Appeal could decide that the judge’s error was not a mistake and dismiss the appeal. Rarely do they consider the decision to be important enough to vary the verdict.
The Court could also rule that the decision was wrong and send the matter for retrial, which is somewhat common. Sometimes, the Court of Appeal decides that even though they believe the judge made a mistake, they will not vary the damages at all because they do not think that the mistake impacted the trial’s outcome.
An appeal of a Barrie car crash case typically takes one or two years to resolve. An important part of appealing a motor vehicle accident case in our area is the notice requirement. Specifically, a notice of appeal must be filed within 30 days of the date of the court’s decision.
The greatest delay is often ordering transcripts of the evidence, meaning court reporters must type the whole matter out. If the case was five or six weeks long, preparing verbatim transcription notes can take months. Once you submit your appeal and the other side files their materials, you could wait three to six months before the Court of Appeal gives you a date to present your case.
Depending on how long it takes you to obtain all the necessary materials and evidence and on how narrow the legal issue is, your appeal could be done in less than a year. The length of an appeal often depends on the specific facts of a case.
If you lose an appeal, the original decision sticks, and you will be ordered to pay a portion of the legal costs, pursuant to Barrie’s loser-pay system for appeals and court proceedings. In rare cases, you can appeal from the Court of Appeal to the Supreme Court of Canada. The Supreme Court of Canada, however, only hears a total of 80 to 100 cases per year.
It would be surprising for there to be more than one or two car accident cases heard by the Court of Appeal in a given year, making it rare for there to be a further appeal to the Supreme Court of Canada. Car accident cases are hardly ever appealed. Statistically, less than two percent of auto collision cases are appealed to the Court of Appeals.
Statistically, 70 percent of appeals submitted to the Court of Appeal are dismissed. It is typically difficult to overturn decisions in Ontario, particularly jury decisions. A lawyer at our firm could help you appeal your Barrie car accident case by promptly filing the right paperwork and adhering to the procedures that must be followed to get the decision changed.
Our experienced legal team could construct the argument needed to take your case to the appellate level. If you win an appeal, a portion of your legal costs will be paid by the losing party. You will also receive remedy if you send it back for rehearing or the like.
If you have a car wreck case that needs to be appealed, you should hire a law firm that has experience with appeals. Contact our team immediately so we can put the proper parties on notice within the allotted timeframe.