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Small Claims Appeal (20:App L): Difference between revisions

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Small Claims Appeal (20:App L) (view source)

Revision as of 23:15, 23 November 2022

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#File a Statement of Argument; and
#File a Statement of Argument; and
#Serve a copy of the transcript and Statement of Argument on the Respondent. See the Practice Direction of the Chief Justice regarding Standard Directions for Appeals from Provincial Court Pursuant to the Small Claims Act, which can be found at http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/practice_directions/civil/PD%20-%2021%20Standard%20Directions%20for%20Appeals%20from%20Provincial%20Court%20-%20Small%20Claims%20Act.pdf
#Serve a copy of the transcript and Statement of Argument on the Respondent. See the Practice Direction of the Chief Justice regarding Standard Directions for Appeals from Provincial Court Pursuant to the Small Claims Act, which can be found at http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/practice_directions/civil/PD%20-%2021%20Standard%20Directions%20for%20Appeals%20from%20Provincial%20Court%20-%20Small%20Claims%20Act.pdf
*After you have prepared the Statement of Argument make a photocopy for yourself and each Respondent. Take the original and each copy, plus a  copy of the transcript to the Supreme Court Registry. The Registry will date stamp the Statement of Argument. You can then serve the Statement of Argument and transcript on the Respondent.


==== Step 13: At this point the Respondent will have to prepare a Statement of Argument. ====
After you have prepared the Statement of Argument make a photocopy for yourself and each Respondent. Take the original and each copy, plus a  copy of the transcript to the Supreme Court Registry. The Registry will date stamp the Statement of Argument. You can then serve the Statement of Argument and transcript on the Respondent.


*The Respondent must file the Statement of Argument and deliver a copy to the Appellant not less than 14 days before the hearing of the  appeal. A Respondent's Statement of Argument is a document which sets out:  
=== Step 13:===
*#What paragraphs the Respondent disagrees with in the Appellant's argument;
'''At this point the Respondent will have to prepare a Statement of Argument.'''
*#Why the Respondent disagrees with the Appellant's argument; and,
*#What Order the Respondent would like to see the Supreme Court Judge make.
*The Respondent should start to prepare the Respondent's Statement of Argument by first carefully reading the Appellant's Statement of  Argument. Note where you think errors were made. The Respondent should then read the transcript and review all the exhibits and list the page  and line on the transcript that supports the Respondent's case. Then fill in the form in a manner similar to that in which the Appellant's Statement of Argument was completed.
*It would be very useful to get some legal advice when filling in the Statement of Argument.


==== Step 14: Prepare for the hearing ====
The Respondent must file the Statement of Argument and deliver a copy to the Appellant not less than 14 days before the hearing of the  appeal. A Respondent's Statement of Argument is a document which sets out:


*The hearing will not be a new trial. A Judge could order a new trial at the end of the hearing. But the trial would occur at a later date. So the hearing will have a different format than what you experienced at the trial. For example, no witnesses will be called to give evidence. Instead, what usually happens is that the Appellant first tells the Judge what the trial was about. The Appellant then tells the Judge what  decision(s) made by the Small Claims Court Judge that the Appellant disagrees with and why. The Appellant may go through the Appellant's argument set out in the Statement of Argument. The Judge might read the portions of the transcript and the exhibits which the Appellant refers to in the Statement of Argument. The Judge may also ask the Appellant questions. The Appellant might conclude by noting the Order that the Appellant would like the Judge to make.
#What paragraphs the Respondent disagrees with in the Appellant's argument;
*It would then be the Respondent's turn. The Respondent might take the Judge through the Respondent's argument asset out in the Respondent's Statement of Argument. The Respondent would answer questions the Judge had. The Respondent would conclude by telling the Judge what Order the Respondent would like the Judge to make.
#Why the Respondent disagrees with the Appellant's argument; and,
*To prepare for this type of hearing you should carefully review your Statement of Argument and any exhibits that you are going to refer to. You might also make notes of what you want to say.
#What Order the Respondent would like to see the Supreme Court Judge make.
*Small Claims appeals do not happen often. However, if you can watch one before your case occurs it will help to give you a good idea of what is likely to happen. To find out if an appeal will happen before your case goes ahead, call the Supreme Court Registry and ask to speak to the Trial Coordinator.
 
The Respondent should start to prepare the Respondent's Statement of Argument by first carefully reading the Appellant's Statement of  Argument. Note where you think errors were made. The Respondent should then read the transcript and review all the exhibits and list the page  and line on the transcript that supports the Respondent's case. Then fill in the form in a manner similar to that in which the Appellant's Statement of Argument was completed.
 
It would be very useful to get some legal advice when filling in the Statement of Argument.
 
=== Step 14:===
'''Prepare for the hearing.'''
 
The hearing will not be a new trial. A Judge could order a new trial at the end of the hearing. But the trial would occur at a later date. So the hearing will have a different format than what you experienced at the trial. For example, no witnesses will be called to give evidence. Instead, what usually happens is that the Appellant first tells the Judge what the trial was about. The Appellant then tells the Judge what  decision(s) made by the Small Claims Court Judge that the Appellant disagrees with and why. The Appellant may go through the Appellant's argument set out in the Statement of Argument. The Judge might read the portions of the transcript and the exhibits which the Appellant refers to in the Statement of Argument. The Judge may also ask the Appellant questions. The Appellant might conclude by noting the Order that the Appellant would like the Judge to make.
 
It would then be the Respondent's turn. The Respondent might take the Judge through the Respondent's argument asset out in the Respondent's Statement of Argument. The Respondent would answer questions the Judge had. The Respondent would conclude by telling the Judge what Order the Respondent would like the Judge to make.
 
To prepare for this type of hearing you should carefully review your Statement of Argument and any exhibits that you are going to refer to. You might also make notes of what you want to say.
 
Small Claims appeals do not happen often. However, if you can watch one before your case occurs it will help to give you a good idea of what is likely to happen. To find out if an appeal will happen before your case goes ahead, call the Supreme Court Registry and ask to speak to the Trial Coordinator.


==== Step 15: Appear in Court ====
==== Step 15: Appear in Court ====
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