In most cases, permission to appeal must first be obtained from the court. Motions for leave to appeal to the court are generally heard by a panel of three of its judges and a simple majority is determinative. By convention, this panel never explains why it grants or refuses leave in any particular case, but the court typically hears cases of national importance or where the case allows it to settle an important issue of law. Leave is rarely granted, meaning that for most litigants, provincial courts of appeal are courts of last resort. But leave to appeal is not required for some cases, primarily indictable criminal cases in which at least one appellate judge (on the relevant provincial court of appeal) dissented on a point of law, and appeals from provincial reference cases.
