In most cases, the judge’s decision is the final say on an issue. However, sometimes, in rare instances, the judge errs and gets it wrong. Appeals are a process to ensure the fair and proper administration of justice in our courts. An appeal is not a second kick at the can, that is, an appeal is not a re-trial. When reviewing a case, the appellate judge looks at whether the prior decision-maker made a mistake in understanding the facts of the case or a mistake when interpreting the law. The mistake must be obvious. Furthermore, that mistake must have had such a significant effect on the outcome of the case that it led to an incorrect or unreasonable decision being made.
Appeals require a significant amount of preparation and work, and consequently are expensive to pursue. You should always seek a legal opinion prior to commencing an appeal. There are strict timelines on filing notice of appeal. If you have a question regarding an appeal, you should seek legal advice as soon as possible to ensure a deadline is not missed.