How much does a civil appeal cost in Canada?
A civil appeal commonly costs from the low tens of thousands to well over a hundred thousand dollars, driven by counsel fees for reviewing the record, preparing the appeal book and factum, and oral argument, plus transcript and filing fees. Complex appeals with large records cost substantially more.
Can I be ordered to pay the other side's costs if my appeal fails?
Yes. Canada's loser-pays system applies on appeal. An unsuccessful appellant is normally ordered to pay the respondent's costs of the appeal on the partial indemnity scale, in addition to bearing its own legal costs. This adverse cost risk is a key factor in deciding whether to appeal.
What is the standard of review on appeal?
Appellate courts do not re-try the case. They review questions of law for correctness, but defer to the trial judge's findings of fact and findings of mixed fact and law absent a 'palpable and overriding error' (Housen v Nikolaisen). This deferential standard makes overturning factual findings difficult.
What are my chances of winning an appeal?
Appellant success rates are generally low, often well under one in three, because of the deferential standard of review. Appeals succeed most often where the trial judge made a clear legal error. A candid assessment of the standard of review and the specific errors alleged should precede any decision to appeal.