The Court System for Family Matters: Difference between revisions
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An order that is appealed remains in effect unless the judge who made the order says otherwise. | An order that is appealed remains in effect unless the judge who made the order says otherwise. | ||
==Court of Appeal== | |||
The Court of Appeal has the same sort of jurisdiction the Supreme Court: it can deal with every kind of legal problem. However, this court does not hear trials. The Court of Appeal only hears appeals from decisions of the Supreme Court. Although the Court of Appeal's central registry is in Vancouver, the court occasionally hears cases in Victoria, Kelowna and Kamloops. | |||
Be cautioned that appeals are a fairly expensive process. An appeal should only be brought after a lot of thought has been given to the expense of the appeal as well as to your chances of success; don't leap to appeal a decision just because you don't like it or are angry, you should give some serious thought to the appeal first. Simply put, the cost of the appeal may outweigh the benefit you will get even if you win. | |||
===Court Proceedings=== | |||
If you are involved in a proceeding before the Court of Appeal, you must read the ''Court of Appeal Act'' and the Court of Appeal's rules of court. The act and the rules govern every aspect of an appeal, from starting an appeal to the size and colour of paper which must be used, set out important deadlines and limitations, and say what court forms must be used for which purpose. | |||
While it is possible to represent yourself in the Court of Appeal, the court requires strict compliance with its rules and the assistance of a lawyer is highly recommended. | |||
====Procedure Summary==== | |||
Appeals are started by filing a Notice of Appeal in Form 7 or, depending on the circumstances, a Notice of Application for Leave to Appeal in Form 1, and must be started within 30 days of the order appealed from. The person who starts an appeal is the ''appellant'', the other parties are ''respondents''. The appellant must serve the Notice of Appeal on all respondents. After being served, a respondent has 15 days to file a Notice of Cross Appeal in Form 8; this is only necessary if the respondent also wants to appeal the Supreme Court's order. | |||
Interim applications, applications for temporary orders, can be made by filing a Notice of Motion in Form 6 and serving the Notice on the other parties. Applications are rarely necessary, but when they are, the rules say they must be completed within 30 minutes. | |||
All appeals are based on the evidence before the judge who made the original decision. Before an appeal can be heard, the appellant must get transcripts of all of the oral evidence heard at trial, prepare a book with all of the documents used as evidence at trial, and prepare a book with all of the pleadings filed in the Supreme Court Proceeding. (Transcripts in particular are hideously expensive to obtain.) Each side must also prepare a written argument, called a factum, as well as books containing all the statute law and case law he or she will be relying on in arguing the appeal. The court registry is very particular about how these materials are prepared; read the rules of court very carefully! | |||
Appeals are heard by panel of three judges; when a legal issue is particularly important, the appeal may be heard by a panel of five judges. The panel reaches its decision after reading through the parties' factums, hearing the parties' oral arguments and considering the law that applies to the issues. The decision of the panel is the decision of a majority of the judges; the judge or judges who disagree with the majority decision are said to dissent. | |||
====Addressing the Court==== | |||
The Justices of the Court of Appeal are addressed as "My Lord" or "My Lady," or, if you want, as "Your Lordship" or "Your Ladyship." | |||
====Appeals==== | |||
Decisions of the Court of Appeal are appealed to the Supreme Court of Canada, however that court must first grant leave for the appeal to be brought. There is no automatic right to appeal a judgment of the Court of Appeal. | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||
