Appealing A Judgment

Appealing A Judgment

In general, you have 30 days starting From the day after the order or judgment being appealed from is pronounced to bring an appeal.

…However, some legislation or areas of law may affect this timeline. You must file a notice of appeal or notice of an application for leave to appeal in the applicable registry and serve a copy of the notice on all the respondents within the applicable time limit.

Civil Matters

The Court of Appeal will automatically hear appeals from all BC Supreme Court decisions except limited appeal orders, which require leave to appeal.

Matters that require leave to appeal include: orders from case planning conferences or trial management conferences; orders regarding extensions of time; interim order under the Family Law Act; orders as to costs only; or a foreclosure order.

If you are appealing a small claims or family matter from Provincial Court order, you must file an appeal to the B.C. Supreme Court first.

If you are appealing a Supreme Court order made by a master, registrar, or special referee, you must file an appeal to a Supreme Court judge and the time limit is only 14 days.

Criminal Matters

Depending on the type of offence, you can appeal directly to the Court of Appeal. If the type of offence is summary conviction, then you first file an appeal in the B.C. Supreme Court

Timelines

The Court of Appeal has set out the timelines within which various pleadings and documents must be filed. It is important to meet this timelines or the respondent may apply to have your appeal dismissed as abandoned for failure to comply with the Court of Appeal Act or Rules.

The Supreme Court of British Columbia is where you appeal if you are appealing an order made in the Provincial Court.

An appellant must file a Notice of Appeal within 40 days after the order of the Provincial Court is made. While an appellant can apply for an extension of time to file a Notice of Appeal, there is no guarantee an extension will be granted.  

After filing the Notice of Appeal, the appellant must: (a) serve the Notice of Appeal on all parties in the proceeding in which the Provincial Court order was made; (b) order the transcript of the oral evidence in the Provincial Court hearing and reasons for judgment; and (c) file a copy of the Notice of Appeal in the registry of where the Provincial Court order was made.

A respondent has seven (7) days from the date they are served with the Notice of Appeal to file a Notice of Interest. They must also serve a copy on the appellant.

Within 30 days after filing the Notice of Appeal, the appellant must: (a) file an affidavit of service; (b) request a hearing date of the appeal from the registrar; (c) file a Notice of Hearing of appeal; and (d) serve the Notice of Hearing on any respondents who filed a Notice of Interest.

Within 45 days after filing the Notice of Appeal, the appellant must: (a) file the original transcript; (b) serve a copy of the transcript on any respondents who filed a Notice of Interest; and (c) file a written outline of the appeal.

The appellant must serve the written outline on the respondent not less than 21 days before the date set for the hearing of the appeal. The Respondent must file and serve a response not less than 14 clear days before the date set for the hearing of the appeal. The appellant may file and serve a reply at least three (3) clear days before the date set for the hearing of the appeal.

For more information, appellants and respondents should review the Supreme Court Standard Directions for Appeals from Provincial Court – Family Law Act.

If you are unsure of the timelines to meet or what is needed to appeal a Provincial Court order, or if wish to speak with a lawyer regarding the merits of an appeal, contact us at Cote & Evans Trial Lawyers today.

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