In Which Courts can a Decision be Appealed?
You and your Appeals Lawyer are in agreement that you have grounds for an Appeal, but in which courts can a decision be appealed?
In Canada, each province and territory has a Court of Appeals, also referred to as the appellate division and there is a Federal Court of Appeal. Some Appeals are heard by lower courts including the Divisional Court for smaller civil matters and Superior Courts for criminal matters determined by certain lower courts.
WHAT TYPES OF APPEALS ARE HEARD BY THE CANADIAN COURT OF APPEALS?
The Court of Appeals hears Appeals arising from decisions of the superior courts and provincial/territorial courts. They also hear constitutional questions that may be raised in Appeals involving individuals, governments, or governmental agencies.
WHAT TYPES OF APPEALS ARE HEARD BY THE CANADIAN FEDERAL COURT OF APPEALS?
The Federal Court of Appeals deals only with matters specified in federal statutes (laws). The jurisdiction of the Federal Court of Appeals includes tax, interprovincial and federal-provincial disputes, intellectual property proceedings, citizenship appeals, Competition Act cases, and cases involving Crown corporations or departments of the Government of Canada. They may review decisions, orders and other administrative actions of federal boards, commissions and tribunals and may refer any question of law, jurisdiction or practice to one of the Courts at any stage of a proceeding.
In the United States, 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a United States Court of Appeals. In addition there is a Court of Appeals for the Federal Circuit.
WHAT TYPES OF APPEALS ARE HEARD BY THE UNITED STATES COURT OF APPEALS?
The Court of Appeals hears Appeals from the district courts located within its circuit, as well as Appeals from decisions of federal administrative agencies.
WHAT TYPES OF APPEALS ARE HEARD BY THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT?
The Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear Appeals in specialized cases such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims.
Contact the C2 Global Law Appeals Lawyers for more information on the Appeals process and to schedule a consultation for your Appeal. We have successfully represented clients in Canada and the United States on their Appeals and we will work tirelessly for you.