Difference between revisions of "How Do I Appeal a Final Supreme Court Decision?"
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A judge's final decision is appealed to the Court of Appeal. Because consent orders are made with everyone's agreement, they are almost impossible to appeal. Nevertheless, if an appeal can be made, it <span class="noglossary">will</span> be made to the Court of Appeal, just like a judge's final order. | A judge's final decision is appealed to the Court of Appeal. Because consent orders are made with everyone's agreement, they are almost impossible to appeal. Nevertheless, if an appeal can be made, it <span class="noglossary">will</span> be made to the Court of Appeal, just like a judge's final order. | ||
You should think twice before you decide that you want to appeal a decision, as appeals can be surprisingly expensive. They're usually not as expensive as trials are, but the cost is still substantial. As well, it isn't always necessary to appeal a decision. Orders, even final orders, which deal with children and spousal support can often be varied following the decision. Of course to vary an order, there must have been significant change in circumstances since the decision was made. | You should think twice before you decide that you want to appeal a decision, as appeals can be surprisingly expensive. They're usually not as expensive as trials are, but the cost is still substantial. As well, it isn't always necessary to appeal a decision. Orders, even final orders, which deal with children, child support and spousal support can often be varied following the decision. Of course to vary an order, there must have been significant change in circumstances since the original decision was made. | ||
The person bringing an appeal is called the ''appellant''. The other party is called the ''respondent''. The trial court, the Supreme Court, is called the ''lower court'' or ''the court below'', and the judge who heard the trial is called the ''trial judge''. | The person bringing an appeal is called the ''appellant''. The other party is called the ''respondent'' because that party is "responding" to the appeal. The trial court, the Supreme Court, is called the ''lower court'' or ''the court below'', and the judge who heard the trial is called the ''trial judge''. | ||
Appeals to the Court of Appeal are governed by two things, the ''[http://canlii.ca/t/84h4 Court of Appeal Act]'' and the [http://canlii.ca/t/85bg Court of Appeal Rules]. You should be familiar with both the act and the Rules because both contain guidelines and deadlines for the conduct of an appeal. Reading the Rules is not enough! | Appeals to the Court of Appeal are governed by two things, the ''[http://canlii.ca/t/84h4 Court of Appeal Act]'' and the [http://canlii.ca/t/85bg Court of Appeal Rules]. You should be familiar with both the act and the Rules because both contain guidelines and deadlines for the conduct of an appeal. Reading the Rules is not enough! | ||
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{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Mary Mouat QC and Samantha Rapoport]], June 29, 2017}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||