How Do I Appeal a Provincial Court Decision?

Under section 233(1) of the Family Law Act, only final decisions of the Provincial Court can be appealed. Appeals of final decisions of that court are made to the Supreme Court. Interim decisions of the Provincial Court can only be challenged by a judicial review under the aptly named Judicial Review Procedure Act. This information is about appeals to the Supreme Court.

Forms involved

You can obtain a document package from the Supreme Court's website (https://www.bccourts.ca/supreme_court/self-represented_litigants/sc_info_packages/appeal_package_general.pdf) or from a Supreme Court registry. The package contains the forms and a plain-language overview of the procedures for appealing a Provincial Court decision.

For an appeal under section 233 of the Family Law Act (a "specified appeal from Provincial Court"), the key Supreme Court Family Rules and forms include:

1. Rule 18-3 – Appeals
2. Form F80 Notice of Appeal - Specified Appeal from Provincial Court
3. Form F77 Notice of Interest
4. Form F81 Notice of Hearing of Appeal
5. Form F82 Notice of Abandonment of Appeal
6. Form F82.2 Appellant's Statement of Argument - Specified Appeal from Provincial Court
7. Form F82.3 Respondent's Statement of Argument - Specified Appeal from Provincial Court
8. Form F82.4 Appellant's Reply - Specified Appeal from Provincial Court
9. Form F82.1 Order After Appeal

Making an appeal to the Supreme Court

To appeal a Provincial Court decision, you must file a form called a Form F80 Notice of Appeal - Specified Appeal from Provincial Court within 40 days of the decision. Appeals from the Provincial Court are governed by Rule 18-3 of the Supreme Court Family Rules. This form is a lot more complex than the forms you've used in the Provincial Court. In the form you must indicate:

1. when the order you are appealing was made,
2. the name of the judge who made the order,
3. that you are bringing your appeal pursuant to section 233 of the Family Law Act, and
4. the reason or reasons why you are bringing the appeal.

Once you've filled out your Notice of Appeal, you must file it in the registry of the Supreme Court. The Supreme Court will charge you a fee to do this. The registry will stamp your Notice of Appeal with the seal of the court, a date stamp, and the file number of your new court proceeding. You must then serve the notice on the other parties (as well as any other person who may be affected by the order, such as other guardians or agencies) by personal service, and file another copy of the notice in the Provincial Court registry where the order was made.

After starting your appeal, there are additional steps you must complete within 30 days, including filing a Form F81 Notice of Hearing of Appeal and addressing transcript requirements. These steps are explained in more detail below.

Reasons for appealing a decision

When a judge makes a decision following a hearing, the judge does three things. First, the judge makes a decision about the evidence and what the facts of the case are; this is called making a finding of fact. Second, the judge decides what the law applicable to the case is. Third, the judge applies the law to the facts. These last two steps are called findings of law.

You cannot appeal a decision simply because you don't like it. You must have a proper legal reason for bringing the appeal and show that the judge made an error in their findings of fact or an error in their findings of law.

In most cases, you will not be able to appeal a decision because of a mistake in the judge's findings of fact. Because appeal courts do not hear the evidence all over again, unless the trial judge made an enormous error in deciding the facts of the case, the facts that you will rely on at your appeal are the facts as the trial judge found them to be.

Most often, appeals are based on errors in the judge's conclusions about the applicable law or how the judge applied the law to the facts, called an error of law. In appeals like these, the argument is based on a claim that the judge didn't apply the correct legal test or failed to properly apply the legal test.

Since appeals normally deal with legal issues rather than factual issues, they can be quite complex and involve a lot of technical arguments. If you are appealing a judge's decision, you should seriously consider hiring a lawyer.

Deadlines and procedures

After the other side has been served with your Notice of Appeal, they will have seven days to file a Notice of Interest in Form F77 (if served in Canada). This form is used to acknowledge the appeal.

Important update: Family Practice Direction 10 (FPD-10) was rescinded as of 19 January 2026, and the directions and timelines for appeals under section 233 of the Family Law Act are now incorporated into Rule 18-3 of the Supreme Court Family Rules:

• Rescission notice (Jan. 19, 2026): https://www.bccourts.ca/supreme_court/documents/Rescission%20of%20Family%20Practice%20Direction%2010.pdf
• Rule 18-3 of the Supreme Court Family Rules

Transcripts

Rule 18-3(7.1) requires the appellant to order (and pay for) a transcript of the oral evidence (if any) from the Provincial Court proceeding. If the Provincial Court's reasons were given orally rather than issued in writing, the appellant must also order a transcript of the reasons.

30-day filing requirements

Within 30 days after filing a Form F80 Notice of Appeal - Specified Appeal from Provincial Court, Rule 18-3 requires the appellant to file proof that the Form F80 has been personally served. If transcripts are required, the appellant must also file proof satisfactory to the registrar that the transcripts have been ordered and that preparation has begun. The appellant must also file a Form F81 Notice of Hearing of Appeal within that time.

If you miss the 30-day filing requirements, the appeal cannot move forward unless the court extends the time.

60-day deadline for transcripts and appellant's argument

Within 60 days after filing your Notice of Appeal, the appellant must file any required transcripts and must file a Form F82.2 Appellant's Statement of Argument - Specified Appeal from Provincial Court. The appellant must also serve a copy of the filed transcripts on the respondents.

Service and filing of written arguments before the hearing

At least 21 days before the hearing date, the appellant must serve the filed Form F82.2 Appellant's Statement of Argument - Specified Appeal from Provincial Court on the respondents. At least 14 days before the hearing date, a respondent must file and serve a Form F82.3 Respondent's Statement of Argument - Specified Appeal from Provincial Court. At least 3 days before the hearing date, the appellant may file and serve a Form F82.4 Reply - Specified Appeal from Provincial Court, if any.

New evidence

Unless the court otherwise orders, no new evidence may be tendered on the appeal.

The cost of appeals

There are two fees that you'll have to pay to have your appeal heard. First, you'll have to pay a fee to file your Form F80 Notice of Appeal - Specified Appeal from Provincial Court. Second, and more expensively, you'll have to pay for the transcript of the Provincial Court hearing.

Transcripts are produced by private companies under agreement with the Ministry of Attorney General. You can learn more about these transcription companies, their fees, and the regions and types of court proceedings each is able to serve by visiting the BC Government's website’s court transcripts information page. A court reporter employed by the company retrieves the audio of the hearing from the court and painstakingly transcribes each and every word. J.C. WordAssist Ltd., one of the larger companies that provides this service, charges around $10 to $14 per page (depending on the turnaround time you need) to produce transcripts of court hearings. And the rule of thumb is that each hour of a hearing is about 30 pages of transcript. So a four hour hearing will easily cost over $1,200 to transcribe, plus extra fees for copies.

Be warned! Appeals can be expensive.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Nate Russell, March 24, 2026.

JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

(1) A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed, or (2) a courthouse.

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

A legal document required under the rules of British Columbia's Supreme Court and Court of Appeal which is used to give notice of a party's intention to appeal a decision. See "appeal" and "decision."

A legal proceeding in which one party sues another for a specific remedy or relief, also called an "action," a "lawsuit," or a "case." A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order.

In law, the delivery of a legal document to a party in a court proceeding in a manner which complies with the rules of court, usually by physically handing the document to the party and verifying their identity. Personal service is usually required for the proper delivery of the pleadings that are used to start a proceeding to ensure that the party is given proper notice of the proceeding and the opportunity to mount a defence. See also "ordinary service," "pleadings" and "service, substituted."

A legal document required by the Supreme Court Family Rules that fixes the date for the hearing of a Petition. See "hearing" and "Petition."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A judge’s conclusion about the facts in a court proceeding, made after hearing all the evidence. See "decision," "error of fact" and "question of fact."

(1) In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. (2) In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract that may justify setting aside all or part of the contract. See "bad faith" and "contract."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

A ground of appeal based on a claim that the trial judge did not apply the law correctly in reaching their decision. This is the most common ground of appeal. See "appeal" and "error of fact."

In law, an attempt to persuade by logical reasoning. Usually refers to oral or written argument presented to a judge or arbitrator following the presentation of evidence, or to a written summary of argument.

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

The party who brings an appeal of a lower court's decision. See also "appeal" and "respondent."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding, and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings."

The person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim."

A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim" and "Counterclaim."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."