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Difference between revisions of "How Do I Appeal a Provincial Court Decision?"
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How Do I Appeal a Provincial Court Decision? (view source)
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When a judge makes a decision following a hearing, the judge does three things. First, the judge makes a decision about the evidence and what the facts of the case are; this is called making a ''finding of fact''. Second, the judge decides what the law applicable to the case is. Third, the judge applies the law to the facts. These last two steps are called ''findings of law''. | When a judge makes a decision following a hearing, the judge does three things. First, the judge makes a decision about the evidence and what the facts of the case are; this is called making a ''finding of fact''. Second, the judge decides what the law applicable to the case is. Third, the judge applies the law to the facts. These last two steps are called ''findings of law''. | ||
You cannot appeal a decision simply because you don't like it. You must have a proper legal reason for bringing the appeal and show that the judge made an error in | You cannot appeal a decision simply because you don't like it. You must have a proper legal reason for bringing the appeal and show that the judge made an error in their findings of fact or an error in their findings of law. | ||
In most cases, you <span class="noglossary">will</span> not be able to appeal a decision because of a mistake in the judge's findings of fact. Because appeal courts do not hear the evidence all over again, unless the trial judge made an enormous error in deciding the facts of the case, the facts that you <span class="noglossary">will</span> rely on at your appeal are the facts as the trial judge found them to be. | In most cases, you <span class="noglossary">will</span> not be able to appeal a decision because of a mistake in the judge's findings of fact. Because appeal courts do not hear the evidence all over again, unless the trial judge made an enormous error in deciding the facts of the case, the facts that you <span class="noglossary">will</span> rely on at your appeal are the facts as the trial judge found them to be. | ||
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==Deadlines and procedures== | ==Deadlines and procedures== | ||
After the other side has been served with your Notice of Appeal, | After the other side has been served with your Notice of Appeal, they <span class="noglossary">will</span> have seven days to file a [[Form F77 Notice of Interest|Notice of Interest]] in Form F77. This form is used to acknowledge your appeal. | ||
Normally you would have to apply to the court for some directions about how your appeal <span class="noglossary">will</span> be conducted. However, because your appeal is about a family law problem, the directions for your appeal are set out in the standard set of directions in [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2010%20Standard%20Directions%20for%20Appeals%20from%20Provincial%20Court%20-%20Family%20Law%20Act%20(website).pdf Supreme Court Family Practice Direction 10], which is available on the court's website and at the court registry. | Normally you would have to apply to the court for some directions about how your appeal <span class="noglossary">will</span> be conducted. However, because your appeal is about a family law problem, the directions for your appeal are set out in the standard set of directions in [http://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2010%20Standard%20Directions%20for%20Appeals%20from%20Provincial%20Court%20-%20Family%20Law%20Act%20(website).pdf Supreme Court Family Practice Direction 10], which is available on the court's website and at the court registry. | ||