Has It Been Appealed?

A trial court opinion can be useful but you will want to see if it has been appealed. Here are some tips for checking on motions for leave to appeal in Ontario.

Front of Osgoode Hall

When you’ve found the perfect case that’s exactly on point, what’s your next step? Besides running out and buying a lottery ticket, you should note up the decision to see if it has been appealed. You can do this using Lexis Advance Quicklaw, WestlawNext Canada and CanLII. There may be a later decision that upholds or reverses your decision, awards costs or in some instances orders a new trial.

What if your perfect Ontario case is very recent and you’re wondering if it has been appealed to the Court of Appeal? The court’s website has a section that lists motions for leave to appeal, organized by year and then month. Once you have selected a year you can then do a ctrl-f search for one of the party’s names. The motions for leave to appeal begin with 2002.

What if leave to appeal has been granted and you’re desperate to know when the decision might be released? After checking the three case law databases listed above (but only after they have been checked), you can call the Court of Appeal. For inquiries about appeals, contact the Intake Office at 416-327-5020 and select Option #2.

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