Small Claims Appeals (20:XVI): Difference between revisions
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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = smallclaims}} Any party to a proceeding may appeal to the Supreme Court an order to allow or dismiss a claim if the judge made the order after...") |
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{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
Any party to a proceeding may appeal to the Supreme Court an order to allow or dismiss a claim if the judge made the order after a | Any party to a proceeding may appeal to the Supreme Court an order to allow or dismiss a claim if the judge made the order after a trial (SCA, s 5). An appeal must be started within 40 days, beginning on the day after the order of the Provincial Court is made282. A review of the order under appeal may be on questions of fact or law283. A mistake of fact could involve a misunderstanding by the Judge of evidence given by a witness. For example, if a witness reported that a particular event happened and in the decision the Judge bases his/her decision on the fact that event didn’t happen, there could be a basis for an appeal. A mistake of law occurs where the Judge makes an error in deciding which law should apply. Not every error made by a Small Claims Court judge will be the basis for a successful appeal. The test which the Supreme Court Judge must apply is called the “clearly wrong test”. If the Small Claims Court judge’s decision about the facts or the law is not clearly wrong, the appeal will fail. An appeal is usually not a new trial; it will be based on the transcripts of the trial in SmallClaims Court. The Supreme Court may, however, exercise its discretion to hear the appeal as a new trial284. No new evidence may be adduced at the appeal without leave of the court285. | ||
For claims that do not fit the criteria for an appeal, the ''Judicial Review Procedure Act'' allows the Supreme Court of British Columbia to review decisions made by Provincial Court judges prior to trial. This includes interlocutory orders, the dismissal of a claim at a settlement conference, and adjudicator decisions in Simplified Trials under Rule 9.1. The appropriate standard of review for orders subject to judicial review is reasonableness286.For further information on judicial review, refer to the “Public Complaint Procedures” chapter of the LSLAP manual287. | For claims that do not fit the criteria for an appeal, the ''Judicial Review Procedure Act'' allows the Supreme Court of British Columbia to review decisions made by Provincial Court judges prior to trial. This includes interlocutory orders, the dismissal of a claim at a settlement conference, and adjudicator decisions in Simplified Trials under Rule 9.1. The appropriate standard of review for orders subject to judicial review is reasonableness286.For further information on judicial review, refer to the “Public Complaint Procedures” chapter of the LSLAP manual287. |