1,399
edits
Difference between revisions of "How Do I Appeal a Provincial Court Decision?"
From Clicklaw Wikibooks
How Do I Appeal a Provincial Court Decision? (view source)
Revision as of 19:25, 23 July 2019
, 19:25, 23 July 2019→Deadlines and procedures
| Line 47: | Line 47: | ||
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 [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Direction 10], which is available on the court's website and at the court registry. | 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 [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx 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 oral evidence given at the Provincial Court hearing that resulted in the decision you are appealing and a transcript of the judge's reasons for judgment. You must also file proof that you personally served the party within 30 days. | According to the Practice Direction, you must order both a transcript of the oral evidence given at the Provincial Court hearing that resulted in the decision you are appealing and a transcript of the judge's reasons for judgment. You must also file proof that you personally served the party within 30 days. | ||
You must file a copy of the transcript with the court and serve it on the opposing party within 45 days of filing the Notice of Appeal. Within 30 days after filing your Notice of Appeal, you must provide proof that you have ordered these transcripts. | You must file a copy of the transcript with the court and serve it on the opposing party within 45 days of filing the Notice of Appeal. Within 30 days after filing your Notice of Appeal, you must provide proof that you have ordered these transcripts. | ||
Within 45 days after filing the Notice of Appeal the appellant must file a written outline setting out: | Within 45 days after filing the Notice of Appeal, the appellant must file a written outline setting out: | ||
* the grounds of the appeal | * the grounds of the appeal, | ||
* the relief you are seeking, i.e. the order you want the court to make | * the relief you are seeking, i.e. the order you want the court to make, | ||
and | and | ||
* the factual and legal basis on which you are seeking the relief, including any legal cases you intend to rely on. | * the factual and legal basis on which you are seeking the relief, including any legal cases you intend to rely on. | ||
| Line 59: | Line 59: | ||
You must serve the written outline on the other party at least 21 clear days before the date set for hearing the appeal. | You must serve the written outline on the other party at least 21 clear days before the date set for hearing the appeal. | ||
A person who has filed a Notice of Interest must file a response and serve it on the appellant, no less than 14 clear days before the date set for hearing | A person who has filed a Notice of Interest must file a response and serve it on the appellant, no less than 14 clear days before the date set for hearing the appeal. The response must set out the factual and legal basis upon which you are opposing the appeal. | ||
The appellant may, but does not have to file a reply to the response and serve it at least 3 clear days before the date set for | The appellant may, but does not have to, file a reply to the response and serve it at least 3 clear days before the date set for hearing the appeal. | ||
Neither party is permitted to use new evidence that was not before the Provincial Court judge, unless they get the permission of the Supreme Court judge. | Neither party is permitted to use new evidence that was not before the Provincial Court judge, unless they get the permission of the Supreme Court judge. | ||
