Prince Edward Island Court of Appeal
About the Court of AppealThe Prince Edward Island Court of Appeal consists of the Chief Justice and two other judges. While the Court typically sits as a panel of three judges, some matters are heard in Chambers by way of a motion where a single judge will preside. A decision of a judge sitting alone may be reviewed by a panel of three judges.
The Court of Appeal does not re-hear a case. It reviews the decision of the trial judge and the record of proceedings for errors of law. It has the power to intervene only if the judge in the lower court (Supreme Court, Provincial Court, or administrative tribunal) has made an error of law or has misunderstood a critical fact which affected the outcome of the case.
The Court of Appeal can:
- dismiss an appeal (confirming the decision of the lower court);
- allow the appeal and order a new trial; or
- allow the appeal and vary the order of the lower court.
Appeals relating to decisions of the Provincial Court of Prince Edward Island on summary conviction matters are heard first by the Prince Edward Island Supreme Court governed by the Rules of Civil Procedure Summary Conviction Appeal Rule 81.
Appeals from decisions of the Provincial Court of Prince Edward Island on indictable offences are heard by the Prince Edward Island Court of Appeal. The Rules of Civil Procedure govern any matter of practice or procedure not provided for in the Criminal Code or Criminal Appeal Rule 82.
For appeals related to civil cases, the Court is governed by Rules of Civil Procedure Appeal Rule 61.