Appeal | The Canadian Encyclopedia

Article

Appeal

Appeal, judicial process by which a party complains to a higher court that a decision against him or her by a lower court was wrong and should be reversed.

Appeal

Appeal, judicial process by which a party complains to a higher court that a decision against him or her by a lower court was wrong and should be reversed. The availability of an appeal depends on the type of case involved, the level of court making original determination and the nature of that determination.

Generally, the appeal courts will not re-visit findings of fact made by the lower courts. Instead, appeal courts will overturn the decisions of lower courts when the lower courts have made errors in interpreting or applying the law.

Each province has its own appeal court and the Federal Court of Appeal hears certain matters of federal jurisdiction; decisions from these courts can be appealed only to the Supreme Court of Canada. Appeal courts in Canada almost always sit in panels of odd numbers of judges to ensure a majority decision in favour of one party or another.