Criminal Appeal Lawyers in Toronto, Reviewing Convictions and Sentences Across Ontario
Pyzer Criminal Lawyers is a Toronto criminal defence and appellate law firm that has been representing clients in criminal appeals, conviction reviews, and sentence appeals across Ontario since 2002. If you or someone close to you has been convicted and you believe something went wrong at trial or sentencing, our criminal appeals lawyers in Toronto will review your case at no charge. Rated 4.9 stars across 150+ Google reviews and members of the Criminal Lawyers’ Association, Pyzer Criminal Lawyers is available 24 hours a day, 7 days a week. One thing to know right now: in most cases, you have just 30 days from sentencing to file your notice of appeal. If you are within that window, call us today.
Supreme Court of Canada Members: Law Society of Ontario
5.0
150+ Google Reviews Serving clients since 2002, over 20 years of criminal defence experience Courts served: Superior Court of Justice
Why Choose Pyzer Criminal Lawyers as Your Toronto Criminal Appeal Lawyer?
Experience Across Criminal Matters Since 2002
Pyzer Criminal Lawyers has been practising criminal defence in Toronto and across Ontario since 2002. Over more than two decades, our lawyers have handled hundreds of criminal cases across a wide range of offence categories. Our team has appeared at all levels of court in Ontario, including the Supreme Court of Canada.
A Team That Focuses on Your Case
Jonathan Pyzer and Jasmine Mann bring a thorough, detail-oriented approach to every matter. It requires careful analysis of the trial record, sound legal reasoning, and precise written and oral advocacy. We take the time to go through the full record and give you an honest assessment of the grounds available to you. If we do not think an appeal has merit, we will tell you that directly.
Available When You Need Us
A conviction can happen at any time, and the 30-day deadline does not wait for business hours. Pyzer Criminal Lawyers is available 24 hours a day, 7 days a week. Call us now at (416) 658-1818.
Transparent and Confidential
We offer a free case evaluation with no obligation. Everything is completely confidential. You will get an honest assessment of whether grounds for appeal exist, what the process involves, and what your options are, before you make any decisions.
What Our Clients Say
I retained this firm on March 25 after already experiencing a five-week delay in securing counsel. In the two weeks that followed, there was no meaningful meeting, no review of my matter, and no substantive work completed on my file. To the response: do you feel good about yourselves infringing on my human rights? I will file an additional form to up the monetary penalties. If you think you will get away with this utterly disgusting behaviour - you're wrong! Enjoy complaints at the law society of Ontario and Human Rights. Rip this company! I provided materials for a bail variation needed for an April 8 work requirement, but it was not filed in a timely manner and was only submitted the day before by a student. As a result, I missed my first work shift and faced disciplinary consequences. I was then advised the firm intended to withdraw, citing a “breakdown” in the relationship, despite there being no meaningful opportunity to establish one in the first place. Given the lack of communication, lack of progress, and resulting impact, this was a very frustrating experience. Human rights, civil ligitation, law society complaints and notification of criminal activity to the courts already submitted.
I had a very good experience whit Pyzer Criminal Lawyers, Jasmin was always so helpful to my case,and guide me on the right next steps. I really appreciate all the peace of mind and relaxed that she made feel about my case thank you very much
My family and I are so grateful to Jasmine for handling a case for us. Her professionalism and compassion throughout this hard time was greatly appreciated. We walked away with a win and she made it look easy. Hopefully we are never in the position to need her again but if we do she will be our first call. Thank you Jasmine
Excellent Legal Representation! I can’t thank Jonathan enough for his exceptional work on a friend's case. From the start, he was professional, thorough, and always kept us informed throughout the process. His expertise and dedication led to a successful outcome, and we are incredibly grateful. If you need a skilled and compassionate criminal lawyer, Jonathan is the one to trust. Highly recommend!
Jonathan is a realist and a man of few words, but he is absolutely a solid lawyer who fights hard to defend your case. He focuses on what truly matters and puts in the work where it counts. You always hope your case doesn’t go to trial, but if it does, be rest assured Jonathan will put in every effort to win. His cross-examination skills are top notch and he knows how to challenge the other side effectively. Highly recommend! Thank you for helping in this difficult moment!!
I am very grateful to my lawyer, Jasmine, for the excellent job she did handling my case. From the beginning, she was very professional, patient, and supportive during a very stressful time for me. She explained everything clearly and made sure I understood the legal process and my options. Jasmine worked hard on my case and achieved a very positive outcome. Her experience, confidence, and dedication really showed throughout the process. She always responded to my concerns and made me feel reassured when I was worried.
Jonathan is an exceptional lawyer who provides guidance and support with professionalism, care, and expertise. From start to finish, he led the process with clarity, patience, and confidence. I’m truly grateful for his support and would highly recommend him to anyone seeking outstanding legal representation.
Amazing lawyer, easygoing, understanding and helped me a ton, THANKS A LOT
Pyzer Criminal Defence Lawyers helped me get a case.The prior firm took a retainer, never communicated, never followed up and only communicated when I said I was taking my business to Jasimine and the team here. The prior firm took the retainer, didn't discuss the case and only begged and pleaded to keep the case and get it dealt with as he had family items going on. Seems like every review had that post further inspections and not a friend refferal. Jasmine, the paralegals and all the team very professional, following up every few weeks to check in, sometimes, just letting me know there's not any update. Fees in comparrision to other firms estimations were good The ONLY complaint I have about Jasmine and Jon is that there are not a lot more at the firm. Thanks J and J for getting this done.
I had never been in any legal trouble in my life but found myself in a situation one day where I was charged with two seperate things, both very different, Jonathan Pyzer worked with me for two years to ensure a favorable outcome for both cases. He even discounted the fees when one case dragged on for an extended period of time due to administrive issues with the courts. Mr. Pyzer is a consummate professional and I would reccomend his services to anyone in need of them.
We reached out to Johnathon over the phone regarding a legal matter. We subsequently retained him thereafter, met with him in person. He was very thorough and professional. Always returned calls or messages in a timely fashion and most importantly we were contacted by himself to let us know that the charges before us were completely withdrawn. Thankyou soo much
I was in a predicament where persons of authority were taking my truth and twisting it to paint me as a villain although I was the victim. Jasmine truly was my strength at an extremely vulnerable time in my life. She told me what would happen and was fully confident in getting the best resolution which was all charges being dismissed. Having being represented by Jasmine totally empowered me by transforming me from victim to victor. Forever thankful!!!
Is It Too Late to Appeal Your Criminal Conviction in Ontario?
The 30-Day Filing Deadline Explained
Under the Criminal Code of Canada and the Criminal Appeal Rules governing the Court of Appeal for Ontario, a notice of appeal must generally be filed within 30 days after the date sentence is imposed, not the date of conviction. For indictable offences, the notice is filed with the Court of Appeal for Ontario. For summary conviction offences, the notice is filed with the Superior Court of Justice. If you are currently in custody, correctional staff at your institution can assist you in filing an inmate notice of appeal, which is considered filed on the date it is delivered to the senior official at the facility.
Filing a notice of appeal within the 30-day deadline does not commit you to completing the appeal. It preserves your right to appeal while you secure legal representation and assess your options. If you believe your trial involved errors, filing the notice as early as possible protects that right.
What If You've Already Missed the 30-Day Deadline?
If the 30-day deadline has passed, an application to extend the time to appeal is still available under the Criminal Appeal Rules. A judge of the appeal court has discretion to grant an extension where the applicant can show they had a genuine intention to appeal within the time period, provide a reasonable explanation for the delay, and demonstrate that the proposed grounds for appeal have merit. Extensions are not guaranteed, and the prospects become more difficult the longer the delay. If your deadline has passed, contacting a criminal appeal lawyer immediately gives you the best opportunity to assess whether an extension application is viable.
What Is a Criminal Appeal? (And What It Is Not)
The Difference Between a Conviction Appeal and a Sentence Appeal
A conviction appeal challenges the finding of guilt. It asks the appeal court to set aside the conviction and either enter an acquittal or order a new trial. A sentence appeal challenges the penalty that was imposed. It asks the court to reduce the sentence, substitute a different type of sentence, or vary ancillary orders, without necessarily challenging the conviction itself. In many cases, both a conviction appeal and a sentence appeal can be pursued at the same time.
Summary Conviction vs. Indictable Offence: Which Court Hears Your Appeal?
The court that hears your criminal appeal depends on how the Crown proceeded at trial.
Summary conviction offences, generally less serious matters such as minor assaults, impaired driving, and some property offences, are appealed first to the Superior Court of Justice, where a single judge presides. A further appeal from that decision to the Court of Appeal for Ontario is available only on a question of law alone and requires the court’s permission (called leave to appeal).
Indictable offences, including more serious matters such as murder, manslaughter, sexual assault, fraud, drug trafficking, robbery, and firearms offences, are appealed directly to the Court of Appeal for Ontario in Toronto, where a panel of three or five judges hears the case. A further appeal to the Supreme Court of Canada is possible, but requires leave and is reserved for cases raising issues of national legal importance.
If you are unsure which category applies to your case, our team can clarify that during your initial consultation.
Types of Criminal Cases We Appeal in Toronto
If you have been convicted of any of the following and believe errors occurred at trial or in sentencing, contact us to discuss whether grounds for appeal may exist in your case.
Assault and violent offences including simple assault, domestic assault, aggravated assault, assault with a weapon, criminal harassment, uttering threats, forcible confinement, and kidnapping.
Sexual offences including sexual assault, sexual interference, invitation to sexual touching, and voyeurism.
Murder and manslaughter including first-degree murder, second-degree murder, and manslaughter. Appeals for these offences proceed directly to the Court of Appeal for Ontario.
Drug offences including drug possession, drug trafficking, drug production, drug distribution, and drug importing.
Property offences including break and enter, robbery, armed robbery, theft, fraud, and possession of stolen property.
Firearms and weapons offences including unauthorized possession of a weapon, possession of a weapon for a dangerous purpose, carrying a concealed weapon, and firearm trafficking.
Driving offences including impaired driving, driving over 80, dangerous driving, and refusal to provide a breath sample. In some driving cases, a driving prohibition suspension pending appeal may also be available.
Sentence appeals across all offence categories, including where the sentence imposed was manifestly excessive or tainted by an error in principle.
Appeals of guilty pleas entered by mistake, under misapprehension of the consequences, or based on inadequate legal advice.
If your offence is not listed above, call us anyway. This list is not exhaustive.
What Happens If Your Appeal Is Successful?
Acquittal, Conviction Set Aside
If the appeal court finds that the verdict was unreasonable, meaning no properly instructed jury could have convicted on the evidence presented, the court may enter an acquittal. The conviction is set aside, and if the appellant is in custody, they are entitled to be released. An acquittal is the strongest possible outcome of a conviction appeal and is most available where the issue is the sufficiency or logic of the evidence.
New Trial Ordered
The most common outcome in a successful conviction appeal is an order for a new trial. Where the appeal court finds that an error of law occurred or a miscarriage of justice took place, but is not in a position to determine that an acquittal is the appropriate remedy, it sets aside the conviction and directs that the matter be tried again before a different judge. Following the order, the Crown then decides whether to proceed with a new trial. In some cases, the Crown elects not to re-prosecute, effectively ending the matter. In other cases, the new trial proceeds and the outcome may differ from the original.
Sentence Reduced or Varied
In a sentence appeal, the court may reduce the length of the sentence, substitute a different type of sentence, or remove ancillary orders that were not warranted. If the appellant is in custody, a reduced sentence may result in earlier release. Sentence appeals can be pursued independently of a conviction appeal and can be a practical route where the conviction itself is not being challenged but the penalty imposed was disproportionate or based on a legal error in principle.
If the appeal is not successful, the original sentence continues. A further appeal may be possible in limited circumstances, though this requires leave of the court.
Grounds for a Criminal Appeal in Ontario
You cannot appeal simply because you disagree with the verdict. There has to be a specific legal error you can point to.
A criminal appeal must be based on recognized legal grounds. Under section 686 of the Criminal Code of Canada, the Court of Appeal for Ontario may allow a conviction appeal on one of three grounds: the verdict was unreasonable, an error of law occurred, or a miscarriage of justice took place. A sentence appeal can be pursued where the sentence was manifestly unfit or tainted by an error in principle.
Unreasonable Verdict
The verdict is unreasonable where no properly instructed jury, acting judicially, could have reached a verdict of guilty based on the evidence presented at trial. This ground asks the appeal court to assess whether the conviction is logically and factually supportable on the record. Not whether the court would have decided differently, but whether the verdict falls outside the range of reasonable conclusions available on the evidence.
Error of Law
An error of law occurs when the trial judge misapplied or misinterpreted a legal principle in a way that affected the outcome of the case. Common examples include improperly admitting or excluding evidence, incorrectly instructing the jury on the applicable law, applying the wrong legal test when assessing the evidence, misinterpreting a right guaranteed under the Canadian Charter of Rights and Freedoms, or failing to provide adequate reasons for the verdict or sentence. Identifying errors of law requires careful analysis of the full trial record and a thorough understanding of criminal law and procedure.
Miscarriage of Justice
A miscarriage of justice is a broader, residual ground available where the overall fairness of the trial was undermined, even where no single identifiable error of law can be isolated. Examples include a jury that was misled by incorrect instructions in a manner that affected the reliability of the verdict, prosecutorial conduct during closing submissions or cross-examination that was improper, or a guilty plea that was entered by mistake or without adequate understanding of the consequences.
Ineffective Assistance of Counsel
A fourth recognized ground for appeal is ineffective assistance of counsel, where the performance of the trial lawyer was so deficient that it resulted in a miscarriage of justice. To succeed on this ground, an appellant must demonstrate two things. First, that the trial lawyer’s conduct fell below the standard expected of a competent criminal defence lawyer. Second, that there is a reasonable probability the outcome would have been different had the errors not occurred. This is a demanding standard, but it is a viable ground where the circumstances warrant it.
How Pyzer Criminal Lawyers Handles Criminal Appeals
Case Assessment and Consultation
The first step is a free case evaluation. We review the essential facts of your conviction, including the offence, how the trial proceeded, the date of sentencing, and any concerns about how things were handled. This tells us whether arguable grounds for appeal exist and how much time remains within the 30-day deadline. Consultations are available 24 hours a day, 7 days a week, including for clients currently in custody.Filing the Notice of Appeal
Where grounds for appeal are identified and you give us instructions, we file the notice of appeal with the appropriate court. This document sets out the grounds being relied upon and formally starts the appeal. It must be filed within 30 days of sentencing. We can also assist with applications to extend the time to appeal if the deadline has already passed.Transcript Review and Identification of Grounds
This is where the real work happens. We go through the full trial record: every transcript, every ruling by the trial judge, jury instructions where applicable, and all exhibits. It is often a substantial undertaking. The objective is to identify errors of law, unreasonable findings, or anything that undermined the fairness of the trial or the reliability of the verdict.Preparing the Factum
The factum is the written argument filed with the appeal court. It sets out the relevant facts, the grounds of appeal, and the legal submissions in support of each group. Appellate judges read this document before the oral hearing. A well-organized, precise factum is central to the prospects of any appeal.Oral Argument Before the Court
At the appeal hearing, counsel for the appellant and the Crown present oral submissions before the panel of appellate judges. There is no witness testimony. The hearing is focused entirely on legal argument. Judges ask questions during submissions, and how those questions are handled matters.
Bail Pending Appeal, Remaining Out of Custody While Your Appeal Is Heard
Criminal appeals in Ontario take time. Between 12 and 24 months is typical, and complex cases can run longer. If you have been sentenced to custody, that means potentially serving a significant portion of a sentence before your appeal is ever heard.
What Is Bail Pending Appeal?
Bail pending appeal, also referred to as judicial interim release pending appeal, is an application brought before the appeal court asking a judge to release the appellant from custody while the appeal is being litigated. Unlike trial bail, the standard for release is stricter following a conviction, because the presumption of innocence has been displaced by a finding of guilt. However, release is achievable in appropriate cases, and obtaining it can mean the difference between fighting your appeal from freedom and serving a significant portion of a sentence that may ultimately be overturned.
The Three-Part Test for Appeal Bail in Ontario
To obtain bail pending appeal in Ontario, the applicant must satisfy a judge on three criteria.
- The appeal is not frivolous. There is at least one arguable ground of appeal with a reasonable prospect of success. The applicant does not need to demonstrate that the appeal will succeed, only that it is not without merit.
- Not contrary to the public interest. The judge weighs the public interest in upholding the conviction against the appellant’s right to liberty pending the outcome of the appeal. The seriousness of the offence and the length of sentence imposed are relevant to this consideration.
- Surrender undertaking. The applicant demonstrates they will comply with the terms of release and will surrender into custody before the appeal decision is rendered.
Applicants with no prior criminal record, a history of compliance with court orders, and a well-prepared release plan are generally stronger candidates for bail pending appeal, even for serious offences.
How We Approach Bail Pending Appeal Applications
Where a jail sentence is a realistic outcome at sentencing, Pyzer Criminal Lawyers can begin preparing the bail pending appeal application before the sentencing date. This approach means the application can be argued at the earliest possible opportunity, in some cases on the same day as sentencing. The application includes sworn affidavits from sureties setting out the release plan, the appellant’s background, and the proposed living and supervision arrangements. The strength and organization of the bail materials directly affects the outcome of the application.
Frequently Asked Questions About Criminal Appeals in Toronto
In most cases, you have 30 days from the date sentence is imposed to file a notice of appeal. For indictable offences, the notice is filed with the Court of Appeal for Ontario. For summary conviction offences, the notice is filed with the Superior Court of Justice. If you are in custody, correctional staff can assist you in filing an inmate notice of appeal. The 30-day deadline runs from the date of sentencing, not the date of the finding of guilt. If the deadline has passed, it may still be possible to bring an application to extend the time to appeal, though this requires judicial approval and becomes more difficult the longer the delay. Contact a criminal appeal lawyer promptly, regardless of how much time has elapsed.
Yes, in certain circumstances. A guilty plea may be subject to appeal where the plea was not voluntary, where you were not properly advised of the consequences of pleading guilty, where the plea was entered based on a misunderstanding of the law or the facts, or where ineffective assistance of counsel led to a plea that constituted a miscarriage of justice. Appeals of guilty pleas require careful analysis of the circumstances surrounding the plea and the advice received at the time. If you have concerns about how your guilty plea was entered, contact us to discuss whether an appeal of a guilty plea is available in your situation.
The cost of a criminal appeal in Ontario depends on the complexity of the original trial, the volume of transcripts to be reviewed, the number of grounds of appeal, and the level of court. Summary conviction appeals before the Superior Court of Justice are generally less involved than indictable appeals before the Court of Appeal for Ontario. We provide a clear and transparent assessment of likely fees during your initial free case evaluation, so you can make an informed decision before committing to any course of action.
Yes. If you have been sentenced to a period of incarceration, you can apply for bail pending appeal. To be granted release, you must satisfy the court that your appeal is not frivolous, that your release is not contrary to the public interest, and that you will surrender back into custody before the appeal decision is rendered. The standard is stricter than at trial because the presumption of innocence has been displaced by a finding of guilt. Applicants with no prior record and a well-prepared release plan are viable candidates. Where a custodial sentence is anticipated, it is advisable to retain appeal counsel before the sentencing date so the bail pending appeal application can be prepared and argued as quickly as possible.
A conviction appeal challenges the finding of guilt itself. It asks the appeal court to set aside the conviction and either enter an acquittal or order a new trial. A sentence appeal challenges the penalty imposed. It asks the court to reduce the sentence or vary its terms, without necessarily challenging the conviction. Both types of appeal can be pursued simultaneously. The grounds for each type of appeal are distinct. A conviction appeal must be based on an unreasonable verdict, an error of law, or a miscarriage of justice. A sentence appeal must be based on a finding that the sentence was manifestly unfit or contained an error in principle.
Not always. The outcome of a successful conviction appeal depends on what the appeal court determines is the appropriate remedy. If the verdict was unreasonable, meaning it could not have been reached by a properly instructed jury on the evidence, the court may enter an acquittal directly. If the error was one of law or procedure, the more common remedy is to order a new trial before a different judge. The Crown then decides whether to proceed with the new prosecution. In a sentence appeal, a successful outcome results in the sentence being reduced or varied, not a new trial.
Yes, ineffective assistance of counsel is a recognized ground for appeal in Ontario. To succeed, the appellant must demonstrate two things. First, that the trial lawyer’s conduct fell below the standard expected of a reasonably competent criminal defence lawyer in the circumstances. Second, that there is a reasonable probability the outcome would have been different but for those errors. This is a demanding test. Where the circumstances are sufficiently serious, for example where counsel failed to advance a critical legal argument, improperly advised on a guilty plea, or mishandled evidence in a way that affected the trial, it can be a viable ground for appeal.
A factum is the written argument filed by each party with the appeal court. It sets out the relevant facts from the trial, the grounds of appeal, the legal arguments in support of those grounds, and the remedy being requested. The factum is the primary document the appellate judges review before the oral hearing. It must comply with specific formatting requirements set out in the rules of the appeal court. The quality and clarity of the factum, its legal reasoning, organization, and precision, is an important factor in the outcome of any criminal appeal.
The timeline varies depending on the type of appeal and the volume of trial material. Summary conviction appeals before the Superior Court of Justice typically take several months to a year from filing to hearing. Indictable appeals before the Court of Appeal for Ontario typically take between 12 and 24 months, accounting for transcript preparation, factum filing deadlines, and court scheduling. Where bail pending appeal is granted, the appellant can remain out of custody throughout this period. The timeline for an appeal to the Supreme Court of Canada is longer still, and leave to appeal must first be obtained.
No. A criminal appeal is heard by a different judge at a higher court than the one where the original trial took place. Summary conviction appeals are heard by a single judge of the Superior Court of Justice, who was not involved in the original proceedings. Indictable appeals are heard by a panel of three or five judges at the Court of Appeal for Ontario, entirely separate from the trial court. This structural separation is a deliberate feature of the appellate system, designed to ensure impartial review of the original decision.
