Pre-Hearing

In order to have your appeal heard you MUST:

1. Provide your Notice of Appeal in writing by the appeal deadline. This Notice of Appeal must state the grounds/basis for the appeal and the remedy you are seeking (what you want to happen if the appeal is granted). This portion of your appeal must be submitted by the 21 calendar day deadline.
2. Inform the ADFG Office in writing if you wish to refer in the argument of the appeal to the transcript of oral proceedings at trial, and order five (5) certified copies of the transcript, plus an original, normally at your expense.  You can request an estimate through the ADFG Office before ordering the transcripts. Note: Our office has suspended the requirement to file paper copies of the transcript. Only an electronic copy is required.  Please contact the ADFG Office prior to submitting your appeal, in case the requirement for submitting certified paper copies of the transcript has changed between the time you initially referenced this page, and the date you are submitting your request for the transcript. You may also visit this page before submitting your appeal, for up-to-date information regarding the requirements for transcripts.
3. Agree on a timetable with Discipline Counsel for submission of your appeal materials (factum, book of authorities), and their responding materials.
4. Prepare and file with the ADFG Office your appeal material, including a document summarizing the facts and law you intend to rely on to support your appeal submissions.

Transcripts from the Hearing 

Appeals proceed on the basis of the evidence admitted at the Tribunal trial hearing, and not based on new evidence (except in certain limited circumstances - see section E.8. of the Code). If you wish to rely on the evidence from the trial you will require some or all of the transcripts from your Tribunal hearing.  You need to submit your Notice of Appeal by the deadline (please see item 1 listed above regarding the deadline) even if you will be ordering the transcripts from your hearing and have not yet received them. Once you receive the transcripts, a copy should be provided to Discipline Counsel and to the ADFG Office, who will share them with the Appeal panel.

Timeliness of the Appeal 

You or your representative and Discipline Counsel will be expected to confer on a schedule to submit appeal materials.  The materials supporting your appeal are in addition to the Notice of Appeal, and do not have to be submitted with the Notice of Appeal.  They usually include a legal document called a factum (which sets out the facts and law upon which you intend to rely), a Book of Authorities (a list of the cases you refer to in your factum), and an Appeal Book (which contains all of the paperwork associated with the Trial).

New Evidence 

If you wish to introduce new evidence at the appeal that was not available or was not adduced at trial, you will need to request the consent of the Discipline Appeals Board to do so, and will be expected to provide an explanation as to the existence of exceptional circumstances to warrant its introduction. (see section E.8. of the Code)

A hearing will be set at a date and time that is convenient for both you and Discipline Counsel. If a schedule cannot be agreed upon by the parties, a request can be made through the ADFG Office to the Senior Chair or Associate Chair to provide assistance.

We strongly encourage students to seek legal representation. You have the right to be represented, although some students choose to represent themselves.

Downtown Legal Services

DLS is staffed by law students working under the supervision of lawyers, and is a service provided free of charge to students who qualify.

655 Spadina Avenue 
Toronto, ON M5S 2H9 
416-978-6447
Downtown Legal Services Website

Law Society Referral Service

The Law Society of Ontario operates the Law Society Referral Service. You will be able to speak with a lawyer or paralegal and receive up to a 30 minute consultation for free.

416-947-3330 (within the GTA) 
1-800-268-8326 
Law Society Referral Service Website 

If you need a disability-related accommodation to participate in this academic appeal process, please review and follow the procedure set out in the Protocol for Requesting Accommodation for Disabilities in the Academic Discipline Process.