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.

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