TORONTO - The lawyer for raw milk crusader Michael Schmidt has filed court documents to begin an appeal in his case.

Karen Selick filed a notice of motion for leave to appeal on Monday.

Schmidt was fined $9,150 and sentenced to one year of probation last month on convictions related to selling and distributing unpasteurized milk.

The motion filed with the Court of Appeal for Ontario argues that the judge erred in overturning Schmidt's previous acquittal.

The raw milk charges were laid in 2006 after a raid on Schmidt's farm near Durham, Ont., and he was acquitted in a lower court last year.

Justice Peter Tetley overturned 15 of those 19 acquittals in September after the Crown appealed.

Following his sentencing last month in a Newmarket, Ont., courtroom, Schmidt said he would not be paying the fine and planned to appeal.

"I'd rather go to prison than pay the fine and that's a matter of principle," he said.

The Health Protection and Promotion Act makes it illegal to sell unpasteurized milk in Canada because it's considered a health hazard. It is, however, legal to drink raw milk.