Appeals in BC
You didn’t get the result you should have… Now what?
LET OUR SKILLED ADVOCATES DEFEND YOUR RIGHTS ON APPEAL IN BC
Sometimes, judges do get it wrong and when they do, you should consider applying to the court of appeal to appeal their decision. Our family lawyers have a track record of appearing before the BC Court of Appeal (Vancouver) in precedent setting cases. Our appellate advocacy has led to exceptional results for our clients. Our appellate level cases have been routinely cited by the Top 5 Magazine as leading appellate cases in Family Law in BC. Our family lawyers are well versed in the appellate rules and procedures. We know the law and we will tell you upfront whether it is worth appealing the case or whether you should attempt to resolve your case differently – you may still have options.
At your initial consult, we will discuss with you the pros and cons of filing an appeal so that you can make an educated decision about your case. We understand that a court’s decision can have serious impact on your family and well-being. We will work with you to get the justice your case deserves. Time is of the essence, if you are thinking of appealing a decision. Missed deadlines could jeopardize your chance of success. Contact us today to discuss whether you should appeal a decision in your family law case.
KEY ISSUES TO CONSIDER ON YOUR APPEAL
An appeal is a request for a higher level court to review a lower court’s decision. An appeal from a Provincial Court decision is to the BC Supreme Court. An appeal from the BC Supreme Court is either to the BC Supreme Court (if you are appealing a master’s decision) or to the BC Court of Appeal.
To succeed in your appeal you must have grounds for appeal, which means there must be errors in the original decision. Those errors can include misapprehension of evidence, legal errors in law, or a mixture of errors in fact and law. Before proceeding with your appeal, we suggest you obtain legal advice from an experience appellate level family lawyer. During our initial consultation, our appellate family lawyers make sure that their advice includes a careful review of the original decision.
You have limited time from the date the original order to commence your appeal. These deadlines vary depending on your case and are quite strict. Your appeal may be struck if you fail to abide by the correct appellate procedure. We cannot emphasize enough: time is of the essence. Weigh your options and have an appellate family lawyer analyse your case. We can help you move forward with your appeal. Our track record of leading precedent setting family law appeals speaks for itself. Book your consult with us today.
What Our Clients are Saying
Frequently Asked Questions
Interim orders are temporary orders made before trial and are therefore generally not appealable due to their limited nature, subject to some exceptions.
If a Master’s interim ruling is likely to have a direct bearing on the disposition of the issues at trial, then a Master’s decision may be appealed to a Justice of the BC Supreme Court.
In these cases, the appeal is a rehearing or a “hearing de novo” and a Justice of the BC Supreme Court may substitute his or her own view for that of the Master.
Bringing an appeal does not automatically suspend the enforcement of the original order. This means that you must obey the original order pending the outcome of your appeal.
A Justice of the BC Supreme Court has the power to order an interim stay of proceedings, either in whole or in part, pending an application for leave to appeal.
This power is discretionary, not automatic. A stay of the original order will only be granted if the stay is necessary to either (a) preserve the subject matter of the litigation pending final determination, (b) to prevent irremediable damage, or (c) where there are other special circumstances.
If you have missed a deadline to appeal an order, you will need to file an application for leave to appeal and explain to the court why you missed the deadline to appeal. In deciding whether to grant an appeal, the judge will consider the following:
- Whether you expressed a bona fide or genuine intention to appeal the order, within the timeframe for appealing the order
- Whether the other party was aware of your intention to appeal, i.e.. did you inform them that you intended to appeal
- Would the other party be prejudiced if an extension of time to appeal was granted?
- Does your appeal have merit, i.e.. what are your grounds for appeal
- Is it in the interest of justice that an extension of time to late file your materials be granted
Why choose us
We have the expertise
Our divorce lawyers have extensive legal knowledge to help you navigate complex legal disputes.
We care
We pride ourselves on our outstanding customer service, representing our clients with integrity and confidentiality.
We speak in plain language
Communication with our clients is paramount. You will always be kept in the loop and know where your case stands.
We are efficient and cost effective
We are upfront with what will be charged to you and work together with you so your case strategy does not exceed your budget.
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