Appeals In British Columbia

You didn’t get the result you should have… Now what?

Let Our Skilled Advocates Defend Your Rights On Appeal In Bc

Our family law firm offers appellate services for clients who wish to challenge court decisions. We have a history of successful appearances before the BC Court of Appeal and our cases have been recognized as leading appellate cases in Family Law in BC by Top 5 Magazine. We are proficient in appellate rules and procedures, and provide upfront advice on the viability of an appeal.

We also explore alternative resolution options. During initial consultations, we discuss the implications of filing an appeal. We understand the significant impact of court decisions on clients’ lives and strive for justice. Timely action is crucial in appeals to avoid missing deadlines. We encourage potential clients to contact us for a discussion on appealing family law case decisions.

Have Questions? You Can Clarify Here

If oyu have more questions, fill out the form in the contact page to receive an initial consultation and we will get back to you shortly.

Can an interim order be appealed?

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.

What happens to the order you are appealing?

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.

What happens if a deadline is missed?

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

Key Issues To Consider

Navigating the Appellate Process: Understanding the Structure

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.

Building a Strong Appeal: Criteria and Counsel

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.

Timely Action in Appeals: Deadlines and Decisive Consultation

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.

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