Difference between revisions of "How Do I Appeal a Court of Appeal Decision?"

From Clicklaw Wikibooks
Jump to navigation Jump to search
m
(From staging 2024)
 
(One intermediate revision by one other user not shown)
Line 1: Line 1:
{{JP Boyd on Family Law How Do I TOC|expanded=appeals}}
{{JP Boyd on Family Law How Do I TOC|expanded=appeals}}


A decision of the Court of Appeal can only be appealed to the Supreme Court of Canada, the highest court in Canada, and the court from which there is no other avenue of appeal.
Once the BC Court of Appeal has made a decision about your family law matter, applying for leave appeal to the Supreme Court of Canada is your last resort. Statistically speaking, very few family law appeals make it before the Supreme Court of Canada, however. You will need to consider that:
* The Supreme Court of Canada does not have the capacity to hear every appeal brought before it.
* There is no automatic right to have your family law appeal heard by the Supreme Court of Canada.
* You must first apply for leave to appeal to the Supreme Court of Canada.
* Historically speaking only 5% to 10% of application for leave to appeal are allowed.  


Unlike appeals to the Court of Appeal, there is no automatic right to appeal family law decisions to the Supreme Court of Canada, and you must first apply for leave to appeal. If you are successful, then and only then you <span class="noglossary">will</span> be allowed to proceed with your appeal.
==Leave to appeal is at complete discretion of the Court==
The Supreme Court of Canada has discretion in deciding which cases it will hear, and it uses specific criteria to determine if it is in the public interest to grant leave to appeal. When a family law decision of the BC Court of Appeal is appealed to the Supreme Court of Canada, the party seeking appeal must submit an application for leave to appeal which outlines the legal issues at stake, and why it is important for the Supreme Court to hear the case.  


The court does not hear evidence or have a formal hearing on leave applications, and only rarely issues reasons explaining why it granted or denied leave in a particular case. In family law cases, leave is denied much more often than it's allowed.
The Supreme Court of Canada considers several factors in determining whether to grant leave to appeal a BC Court of Appeal decision about a family law matter:
* Does the case involve a question of public importance?
* Does the case raise new or important issues?
* Does the case conflict with previous decisions of the Supreme Court of Canada or other appellate courts in other provinces?


In general, the court is more likely to grant leave where a case raises an issue that should be decided for the benefit of everyone, not just the couple involved in the Court of Appeal decision.
The Supreme Court of Canada also considers whether the case is within its jurisdiction and whether hearing the appeal would be of value to the parties involved and to the legal system as a whole. If the Supreme Court of Canada grants leave to appeal, it means they have agreed to hear the case and will review the decision of the BC Court of Appeal. The Court will then consider the arguments presented by both parties and make a final decision on the matter. This decision becomes binding and sets a precedent for future cases.  


Appeals to the Supreme Court of Canada are far more complicated than appeals to the Court of Appeal, not least because of the requirement of applying for permission to bring the appeal. As a result, it is critical that you hire a lawyer to bring an appeal to that court, and this wikibook won't say much more about the matter than that. ''Hire a lawyer.''
However, if the Supreme Court denies leave to appeal, it means they have decided not to hear the case. This could be for a variety of reasons, including a determination that the case does not raise a significant legal issue or that it is not in the public interest to consider the appeal.  


The website of the [http://www.scc-csc.gc.ca Supreme Court of Canada] <span class="noglossary">will</span> give you a very thorough overview of the court's role, the rules of court, and the court's special forms. It has a helpful [http://www.scc-csc.gc.ca/contact/faq/qa-qr-eng.aspx FAQ section], including a whole section on applying for leave to appeal.
Again, the Supreme Court of Canada's decision to grant or deny leave to appeal is discretionary. Even if a case meets the criteria for leave, the Court may still choose not to hear it. This means that not all family law decisions of the BC Court of Appeal will be reviewed by the Supreme Court of Canada, and the decision of the BC Court of Appeal may be the final decision in the case.


==How Supreme Court of Canada leave applications work==
When considering applications for leave, the Supreme Court of Canada does not hear evidence and does not hold a formal hearing. Only rarely will the highest court in Canada issue reasons explaining why it granted or denied leave in a particular case. In family law cases, leave is denied much more often than it's allowed.


{{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 11, 2019}}
In general, the court is more likely to grant leave where a case raises an issue that should be decided for the benefit of everyone in the country, not just the couple involved in the Court of Appeal decision.
 
==Information for self-represented litigants==
 
Appeals to the Supreme Court of Canada are far more complicated than appeals to the Court of Appeal, not least because of the requirement of applying for permission to bring the appeal. As a result, it is highly important that you get legal advice from a lawyer to bring an appeal to that court. This wikibook cannot say much more about the matter than that. ''Get a lawyer.''
 
If you cannot hire a lawyer on your own, you can apply for assistance through [https://www.probonoontario.org/scc-csc/ Pro Bono Ontario], which has a program specifically designed to deal with potential leave applications to the Supreme Court of Canada, even if you are in British Columbia.
 
The website of the [https://www.scc-csc.gc.ca Supreme Court of Canada] does give an overview of the court's role, the rules of court, and the court's special forms. It has a helpful [https://www.scc-csc.ca/unrep-nonrep/index-eng.aspx FAQ section with resources for self-represented litigants], including a whole section on applying for leave to appeal, and when you have been named as a respondent on an application for leave to appeal.
 
 
{{REVIEWED | reviewer = [[Justice Werb]], October 12, 2023}}


{{JP Boyd on Family Law Navbox|type=how}}
{{JP Boyd on Family Law Navbox|type=how}}
Line 20: Line 41:
{{Creative Commons for JP Boyd}}
{{Creative Commons for JP Boyd}}


[[Category:How Do I?|A]]
[[Category:Helpful Guides & Common Questions|A]]
[[Category:Appeals in Family Law Actions]]
[[Category:Appeals in Family Law Actions]]
[[Category:JP Boyd on Family Law]]
[[Category:JP Boyd on Family Law]]

Latest revision as of 22:22, 17 January 2024

Once the BC Court of Appeal has made a decision about your family law matter, applying for leave appeal to the Supreme Court of Canada is your last resort. Statistically speaking, very few family law appeals make it before the Supreme Court of Canada, however. You will need to consider that:

  • The Supreme Court of Canada does not have the capacity to hear every appeal brought before it.
  • There is no automatic right to have your family law appeal heard by the Supreme Court of Canada.
  • You must first apply for leave to appeal to the Supreme Court of Canada.
  • Historically speaking only 5% to 10% of application for leave to appeal are allowed.

Leave to appeal is at complete discretion of the Court[edit]

The Supreme Court of Canada has discretion in deciding which cases it will hear, and it uses specific criteria to determine if it is in the public interest to grant leave to appeal. When a family law decision of the BC Court of Appeal is appealed to the Supreme Court of Canada, the party seeking appeal must submit an application for leave to appeal which outlines the legal issues at stake, and why it is important for the Supreme Court to hear the case.

The Supreme Court of Canada considers several factors in determining whether to grant leave to appeal a BC Court of Appeal decision about a family law matter:

  • Does the case involve a question of public importance?
  • Does the case raise new or important issues?
  • Does the case conflict with previous decisions of the Supreme Court of Canada or other appellate courts in other provinces?

The Supreme Court of Canada also considers whether the case is within its jurisdiction and whether hearing the appeal would be of value to the parties involved and to the legal system as a whole. If the Supreme Court of Canada grants leave to appeal, it means they have agreed to hear the case and will review the decision of the BC Court of Appeal. The Court will then consider the arguments presented by both parties and make a final decision on the matter. This decision becomes binding and sets a precedent for future cases.

However, if the Supreme Court denies leave to appeal, it means they have decided not to hear the case. This could be for a variety of reasons, including a determination that the case does not raise a significant legal issue or that it is not in the public interest to consider the appeal.

Again, the Supreme Court of Canada's decision to grant or deny leave to appeal is discretionary. Even if a case meets the criteria for leave, the Court may still choose not to hear it. This means that not all family law decisions of the BC Court of Appeal will be reviewed by the Supreme Court of Canada, and the decision of the BC Court of Appeal may be the final decision in the case.

How Supreme Court of Canada leave applications work[edit]

When considering applications for leave, the Supreme Court of Canada does not hear evidence and does not hold a formal hearing. Only rarely will the highest court in Canada issue reasons explaining why it granted or denied leave in a particular case. In family law cases, leave is denied much more often than it's allowed.

In general, the court is more likely to grant leave where a case raises an issue that should be decided for the benefit of everyone in the country, not just the couple involved in the Court of Appeal decision.

Information for self-represented litigants[edit]

Appeals to the Supreme Court of Canada are far more complicated than appeals to the Court of Appeal, not least because of the requirement of applying for permission to bring the appeal. As a result, it is highly important that you get legal advice from a lawyer to bring an appeal to that court. This wikibook cannot say much more about the matter than that. Get a lawyer.

If you cannot hire a lawyer on your own, you can apply for assistance through Pro Bono Ontario, which has a program specifically designed to deal with potential leave applications to the Supreme Court of Canada, even if you are in British Columbia.

The website of the Supreme Court of Canada does give an overview of the court's role, the rules of court, and the court's special forms. It has a helpful FAQ section with resources for self-represented litigants, including a whole section on applying for leave to appeal, and when you have been named as a respondent on an application for leave to appeal.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Justice Werb, October 12, 2023.


Creativecommonssmall.png 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.