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Difference between revisions of "How Do I Appeal a Provincial Court Decision?"
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How Do I Appeal a Provincial Court Decision? (view source)
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Under s. 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 | Under s. 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== | ==Forms involved== | ||
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#the reason or reasons why you are bringing the appeal. | #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 <span class="noglossary">will</span> charge you a fee to do this. The registry <span class="noglossary">will</span> 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 person by personal service, and file another copy of the notice in the Provincial Court registry where the order was made | Once you've filled out your Notice of Appeal, you must file it in the registry of the Supreme Court. The Supreme Court <span class="noglossary">will</span> charge you a fee to do this. The registry <span class="noglossary">will</span> 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 person by personal service, and file another copy of the notice in the Provincial Court registry where the order was made | ||
==Reasons for appealing a decision== | ==Reasons for appealing a decision== | ||
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After the other side has been served with your Notice of Appeal, he or she <span class="noglossary">will</span> have seven days to file a [[Form F77 Notice of Interest|Notice of Interest]] in Form F77. This form is used to acknowledge your appeal. | After the other side has been served with your Notice of Appeal, he or she <span class="noglossary">will</span> have seven days to file a [[Form F77 Notice of Interest|Notice of Interest]] in Form F77. This form is used to acknowledge your appeal. | ||
Normally you would have to apply to the court for some directions about how your appeal <span class="noglossary">will</span> be conducted. However, because your appeal is about a family law problem, the directions for your appeal are set out in the standard set of directions | Normally you would have to apply to the court for some directions about how your appeal <span class="noglossary">will</span> be conducted. However, because your appeal is about a family law problem, the directions for your appeal are set out in the standard set of directions in [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2010%20Standard%20Directions%20for%20Appeals%20from%20Provincial%20Court%20-%20Family%20Law%20Act%20(website).pdf Supreme Court Family Practice Direction 10], which is available on the court's website and at the court registry. | ||
According to the Practice Direction, you must order a transcript of the Provincial Court hearing | According to the Practice Direction, you must order a transcript of the Provincial Court hearing that resulted in the decision you are appealing. Within 30 days after filing your Notice of Appeal, you must provide proof that you have ordered these transcripts. | ||
==The cost of appeals== | ==The cost of appeals== | ||
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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 Notice of Appeal. Second, and more expensively, you'll have to pay for the transcript of the Provincial Court hearing. | 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 Notice of Appeal. Second, and more expensively, you'll have to pay for the transcript of the Provincial Court hearing. | ||
Transcripts are produced by private companies. A court | Transcripts are produced by private companies. A court reporter employed by the company retrieves the tape of the hearing from the court and painstakingly transcribes each and every word. JC Word, for example, a Vancouver firm, charges about $200 to $300 to transcribe a half-day hearing. On top of that, you'll have to provide complete copies of your transcripts to the other side and the court. | ||
Be warned! Appeals can be expensive. | Be warned! Appeals can be expensive. | ||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | {{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | ||
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{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
[[Category:How Do I?|A]] | [[Category:How Do I?|A]] | ||
[[Category:Appeals in Family Law Actions]] | [[Category:Appeals in Family Law Actions]] | ||
{{Creative Commons for JP Boyd}} | |||
