7,578
edits
Nate Russell (talk | contribs) (From staging Sep 2022 (follow up changes)) |
Nate Russell (talk | contribs) (From staging 2024) |
||
Line 1: | Line 1: | ||
{{JP Boyd on Family Law TOC|expanded = | {{JP Boyd on Family Law TOC|expanded = incourt}}{{JPBOFL Editor Badge | ||
|CoAuthor = [[Elizabeth Cameron]] and [[Rosemary Gallo]] | |||
|ChapterEditors = [[Bob Mostar]] and [[Mark Norton]] | |ChapterEditors = [[Bob Mostar]] and [[Mark Norton]] | ||
}} | }} | ||
There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. | There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. | ||
Line 41: | Line 41: | ||
There are important differences between the Provincial Court and the Supreme Court. Deciding in which trial court to start a proceeding is called making the ''choice of forum''. | There are important differences between the Provincial Court and the Supreme Court. Deciding in which trial court to start a proceeding is called making the ''choice of forum''. | ||
The Provincial Court deals with issues relating to parenting children, child support, spousal support, and orders protecting people under the provincial ''[[Family Law Act]]''. The Supreme Court has the authority to deal with all of those issues, but can also deal with issues about parentage, dividing property and debt, and orders protecting property under the provincial act. Only the Supreme Court has the authority to make orders under the federal ''[[Divorce Act]]'', including orders for divorce. There's a chart showing which court can deal with which issue in the [[Family Law in British Columbia#The courts of British Columbia | Family Law in British Columbia]] chapter of the Getting Started part of this resource. | The Provincial Court deals with issues relating to parenting children, child support, spousal support, companion animals, and orders protecting people under the provincial ''[[Family Law Act]]''. The Supreme Court has the authority to deal with all of those issues, but can also deal with issues about parentage, dividing property and debt, and orders protecting property under the provincial act. Only the Supreme Court has the authority to make orders under the federal ''[[Divorce Act]]'', including orders for divorce. There's a chart showing which court can deal with which issue in the [[Family Law in British Columbia#The courts of British Columbia | Family Law in British Columbia]] chapter of the Getting Started part of this resource. | ||
The rules of the Supreme Court can be very complicated and fees are charged for many steps in the court process, including filing the paperwork that starts a court proceeding, making an application, or going to trial. The rules of the Provincial Court are shorter and more straightforward, and the court doesn't charge any fees. | The rules of the Supreme Court can be very complicated and fees are charged for many steps in the court process, including filing the paperwork that starts a court proceeding, making an application, or going to trial. The rules of the Provincial Court are shorter and more straightforward, and the court doesn't charge any fees. | ||
Line 48: | Line 48: | ||
==The Provincial Court== | ==The Provincial Court== | ||
The Provincial Court can be the most accessible court for people who aren't represented by a lawyer. The [http://canlii.ca/t/b8rn Provincial Court Family Rules] which govern the Provincial Court's process are written in easy-to-understand language, the court doesn't charge any filing fees, and most people who use the Provincial Court don't have a lawyer. There are also many more courthouses across the province for the Provincial Court than there are for the Supreme Court. | The Provincial Court can be the most accessible court for people who aren't represented by a lawyer. The [http://canlii.ca/t/b8rn Provincial Court Family Rules] which govern the Provincial Court's process are written in easy-to-understand language, the court doesn't charge any filing fees, and most people who use the Provincial Court don't have a lawyer. There are also many more courthouses across the province for the Provincial Court than there are for the Supreme Court. | ||
There are four divisions of the Provincial Court. Provincial | There are four divisions of the Provincial Court. Provincial Family Court is the one that deals with family law problems. | ||
===Jurisdiction=== | ===Jurisdiction=== | ||
The Provincial Court can only deal with claims for orders under the ''[[Family Law Act]]'' and the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. The Provincial Court does not have the jurisdiction to make orders for the division of family property or family debt, the management of children's property, or orders protecting property. It cannot make any orders under the ''[[Divorce Act]]''. The Provincial Court is unable to make declarations about who the parents of a child are, unless it's necessary in order to deal with another issue, like a claim about child support or guardianship. | The Provincial Court can only deal with claims for orders under the ''[[Family Law Act]]'' and the ''[http://canlii.ca/t/84l3 Interjurisdictional Support Orders Act]''. The Provincial Court does not have the jurisdiction to make orders for the division of family property (with the exception of companion animals) or family debt, the management of children's property, or orders protecting property. It cannot make any orders under the ''[[Divorce Act]]''. The Provincial Court is unable to make declarations about who the parents of a child are, unless it's necessary in order to deal with another issue, like a claim about child support or guardianship. | ||
The Provincial Court can hear claims about these issues: | The Provincial Court can hear claims about these issues: | ||
Line 64: | Line 63: | ||
*child support, | *child support, | ||
*spousal support, | *spousal support, | ||
*companion animals (the one form of family property that it can deal with) | |||
*changing and cancelling Provincial Court orders, | *changing and cancelling Provincial Court orders, | ||
*enforcing Provincial Court orders, | *enforcing Provincial Court orders, | ||
Line 71: | Line 71: | ||
===Court proceedings=== | ===Court proceedings=== | ||
The Provincial Court has special rules just for family law proceedings, the [ | The Provincial Court has special rules just for family law proceedings, the [https://canlii.ca/t/b8rn Provincial Court Family Rules]. Within these rules, there are also different procedures to follow depending on the type of registry, and this means the rules can vary significantly depending where you are. It's important to know which type of registry your family law matter is filed at. The types and locations are: | ||
* ''Early Resolution Registries'' (Victoria and Surrey), which follow a much different process (including what forms to use) from the other registries — luckily this is well explained on the [https://www.clicklaw.bc.ca/resource/4843 BC Ministry of Attorney General's website], and discussed generally in | * ''Early Resolution Registries'' (currently Victoria and Surrey), which follow a much different process (including what forms to use) from the other registries — luckily this is well explained on the [https://www.clicklaw.bc.ca/resource/4843 BC Ministry of Attorney General's website], and discussed generally in the [[Resolving Family Law Problems in Court]] chapter. | ||
* ''Family Justice Registries'' (Kelowna, Nanaimo, and Vancouver (Robson Square)), which require parties to go through a family needs assessment at the very beginning | * ''Family Justice Registries'' (Kelowna, Nanaimo, and Vancouver (Robson Square)), which require parties to go through a family needs assessment at the very beginning. | ||
* ''Parenting Education Program Registries'', are the default type of registry found in the remaining registry locations of the Provincial Court. Unless you’re in Kelowna, Nanaimo, Surrey, Vancouver, or Victoria, this will be the registry type you'll deal with. (If your matter is in Kamloops, and it looks like it's going to trial, you might need to learn about that registry's new ''Informal Family Court Trials'' pilot, which is explained on the [https://www.provincialcourt.bc.ca/enews/enews-16-05-2022 Provincial Court's website], and on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Legal Aid BC's Family Law website]. | * ''Parenting Education Program Registries'', are the default type of registry found in the remaining registry locations of the Provincial Court. Unless you’re in Kelowna, Nanaimo, Surrey, Vancouver, or Victoria, this will be the registry type you'll deal with. (If your matter is in Kamloops, and it looks like it's going to trial, you might need to learn about that registry's new ''Informal Family Court Trials'' pilot, which is explained on the [https://www.provincialcourt.bc.ca/enews/enews-16-05-2022 Provincial Court's website], and on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Legal Aid BC's Family Law website]. | ||
Line 95: | Line 95: | ||
An applicant starts by filing a form, although a different form is needed for ''Early Resolution Registries'' than in other Provincial Court registry locations. To read more about the Early Resolution process in Victoria and Surrey see the [https://www.clicklaw.bc.ca/resource/4843 BC Ministry of Attorney General's website], which also makes available a brochure with a simplified process map. The procedures explained below do not apply to the Early Resolution Registries. | An applicant starts by filing a form, although a different form is needed for ''Early Resolution Registries'' than in other Provincial Court registry locations. To read more about the Early Resolution process in Victoria and Surrey see the [https://www.clicklaw.bc.ca/resource/4843 BC Ministry of Attorney General's website], which also makes available a brochure with a simplified process map. The procedures explained below do not apply to the Early Resolution Registries. | ||
In most Provincial Court registries you start by filing an Application About a Family Law Matter in [[PCFR Form 3 Application About a Family Law Matter|Form 3]] and then serving it on each person named as a respondent. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourself. The respondent has 30 days to answer the claim by filing a Reply to an Application About a Family Law Matter in [[PCFR Form 6 Reply to an Application About a Family Law Matter|Form 6]] at the court registry. The court clerk will send a copy of the Reply to the applicant. The Reply can also be used to make a '' | In most Provincial Court registries you start by filing an Application About a Family Law Matter in [[PCFR Form 3 Application About a Family Law Matter|Form 3]] and then serving it on each person named as a respondent. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourself. The respondent has 30 days to answer the claim by filing a Reply to an Application About a Family Law Matter in [[PCFR Form 6 Reply to an Application About a Family Law Matter|Form 6]] at the court registry. The court clerk will send a copy of the Reply to the applicant. The Reply can also be used to make a ''counter application'', the respondent's own claim against the applicant. A respondent who does not file a Reply to an Application About a Family Law Matter is not entitled to notice of further hearings in the case! | ||
After the proceeding has been started, registry locations usually require the parties (if there is a matter involving children) to attend a ''parenting after separation course'', and the Family Justice Registries further require the parties to meet with a ''family justice counsellor'' for a family needs assessment before they can go to see a judge. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support, and spousal support. | After the proceeding has been started, registry locations usually require the parties (if there is a matter involving children) to attend a ''parenting after separation course'', and the Family Justice Registries further require the parties to meet with a ''family justice counsellor'' for a family needs assessment before they can go to see a judge. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support, and spousal support. | ||
The parties' first appearance before a judge is normally at a ''family management conference'', where the judge (or a family justice manager, but we'll just refer to the judge for simplicity's sake) will see if the parties can resolve their issues early on. A family management conference is a private meeting between the parties, their lawyers — if they have lawyers — and the judge. In general, a judge will not make orders at a family management conference except with the parties' agreement, but the judge can direct the parties to hold another family management conference, or to go to a family settlement conference, if the first meeting ends before a resolution is agreed to. All of these early conferences can be very helpful as they provide a great opportunity to talk about the legal issues and explore potential areas of compromise | The parties' first appearance before a judge is normally at a ''family management conference'', where the judge (or a family justice manager, but we'll just refer to the judge for simplicity's sake) will see if the parties can resolve their issues early on. A family management conference is a private meeting between the parties, their lawyers — if they have lawyers — and the judge. In general, a judge will not make orders at a family management conference except with the parties' agreement, but the judge can direct the parties to hold another family management conference, or to go to a family settlement conference, if the first meeting ends before a resolution is agreed to. All of these early conferences can be very helpful as they provide a great opportunity to talk about the legal issues and explore potential areas of compromise. | ||
After the family management conference, ''interim applications'' — applications for temporary orders — can be made formally, triggering another hearing. | After the family management conference, ''interim applications'' — applications for temporary orders — can be made formally, triggering another hearing. | ||
If the legal issues in the court proceeding aren't settled, there will be a ''trial''. At the trial, each side will present their evidence and their arguments, and the judge will make a decision about the legal issues, called a ''judgment.'' The judgment will describe not only the judge's ''final orders'' on the legal issues, but the judge's decisions about the facts of the case and the law that applies to the case. | If the legal issues in the court proceeding aren't settled, there will be a ''trial''. At the trial, each side will present their evidence and their arguments, and the judge will make a decision about the legal issues, called a ''judgment.'' The judgment will describe not only the judge's ''final orders'' on the legal issues, but the judge's decisions about the facts of the case and the law that applies to the case. | ||
Court procedures are covered in the [[Resolving Family Law Problems in Court]] chapter. | |||
====Addressing the court==== | ====Addressing the court==== | ||
Line 115: | Line 115: | ||
Final orders of the Provincial Court may be appealed to the Supreme Court. The appeal must be started within 40 days of the date the final order was made. The timelines for appeals are strictly applied. | Final orders of the Provincial Court may be appealed to the Supreme Court. The appeal must be started within 40 days of the date the final order was made. The timelines for appeals are strictly applied. | ||
According to [ | According to [https://canlii.ca/t/8q3k#section233 s. 233(1)] of the ''[[Family Law Act]]'', only final orders may be appealed. In a 2011 case called [https://canlii.ca/t/fkmwm ''Dima v Dima''], the Court of Appeal confirmed that the only way to challenge an interim order of the Provincial Court is through judicial review under the ''[https://canlii.ca/t/844v Judicial Review Procedure Act]''. | ||
It's important to know that an order that is appealed remains in effect unless the judge who made the order says otherwise. Starting an appeal doesn't mean that you can ignore the order you are appealing. | It's important to know that an order that is appealed remains in effect unless the judge who made the order says otherwise. Starting an appeal doesn't mean that you can ignore the order you are appealing. | ||
Line 133: | Line 133: | ||
*has ''inherent jurisdiction'', which means it can deal with every kind of legal issue, | *has ''inherent jurisdiction'', which means it can deal with every kind of legal issue, | ||
*can deal with claims under the ''[[Divorce Act]]'', including making divorce orders, as well as claims under the ''[[Family Law Act]]'', | *can deal with claims under the ''[[Divorce Act]]'', including making divorce orders, as well as claims under the ''[[Family Law Act]]'', | ||
*can divide family property and family debt under the ''Family Law Act'', | *can divide family property and family debt, and make orders respecting companion animals, under the ''Family Law Act'', | ||
*may divide assets between people who aren't spouses under either the common law, like the law of trusts, or under legislation, like the ''[http://canlii.ca/t/8456 Land Title Act]'' or the ''[http://canlii.ca/t/848q Partition of Property Act]'', | *may divide assets between people who aren't spouses under either the common law, like the law of trusts, or under legislation, like the ''[http://canlii.ca/t/8456 Land Title Act]'' or the ''[http://canlii.ca/t/848q Partition of Property Act]'', | ||
*may make orders for the protection of property, and | *may make orders for the protection of property, and | ||
Line 150: | Line 150: | ||
A respondent may reply to a Notice of Family Claim by filing a ''Response to Family Claim'' (Form F4). A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case! The respondent may also file a ''Counterclaim'' (Form F5). A counterclaim is used to describe the respondent's own claim against the applicant. | A respondent may reply to a Notice of Family Claim by filing a ''Response to Family Claim'' (Form F4). A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case! The respondent may also file a ''Counterclaim'' (Form F5). A counterclaim is used to describe the respondent's own claim against the applicant. | ||
In general, before anyone can do anything else, the parties must attend a ''judicial case conference''. A judicial case conference is a private meeting between the parties, their lawyers, and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. Judicial case conferences can be very helpful. Cases, even difficult ones, sometimes settle at judicial case conferences! | In general, before anyone can do anything else, the parties must attend a ''judicial case conference''. A judicial case conference is a private meeting between the parties, their lawyers, and a master or judge to talk about the legal issues and see whether any of them can be settled. The master or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. Judicial case conferences can be very helpful. Cases, even difficult ones, sometimes settle at judicial case conferences! | ||
''Interim applications'', applications for temporary orders, can be made by filing a ''Notice of Application'' (Form F31) and an ''Affidavit'' (Form F30) in court. An affidavit is a person's written evidence, which the person swears or affirms is true before a lawyer, notary public, or court staff member able to take oaths. The person making an application is the ''applicant''; the person against whom an application is brought is the ''application respondent''. An application respondent may reply to a Notice of Application by filing an ''Application Response'' (Form F32) and an ''Affidavit'' within five business days after service of the Notice of Application. | |||
''Interim applications'', applications for temporary orders, can be made by filing a ''Notice of Application'' (Form F31) and an ''Affidavit'' (Form F30) in court. An affidavit is a person's written evidence, which the person swears or affirms is true before a lawyer, notary public, or court staff member able to take oaths. The person making an application is the ''applicant''; the person against whom an application is brought is the ''application respondent''. An application respondent may reply to a Notice of Application by filing an ''Application Response'' (Form F32) and an ''Affidavit'' within five business days after service of the Notice of Application | |||
If the legal issues in the court proceeding aren't settled, there will be a ''trial''. At the trial, each side will present their evidence and their arguments, and the judge will make a decision about the legal issues, called a ''judgment''. The judgment will describe not only the judge's ''final orders'' on the legal issues, but the judge's decisions about the facts of the case and the law that applies to the case. | If the legal issues in the court proceeding aren't settled, there will be a ''trial''. At the trial, each side will present their evidence and their arguments, and the judge will make a decision about the legal issues, called a ''judgment''. The judgment will describe not only the judge's ''final orders'' on the legal issues, but the judge's decisions about the facts of the case and the law that applies to the case. | ||
Applications to ''change final orders'' are made by filing a | Applications to ''change final orders'' are made by filing a Notice of Application (Form F31) and an ''Affidavit'' (Form F30) in court and serving them on the other parties. The process works just like the process for interim applications, except that the application respondent has 14 business days from the date of service of the application materials to reply to the application. | ||
====Addressing the court==== | ====Addressing the court==== | ||
Line 164: | Line 163: | ||
Masters deal with a wide variety of applications in Supreme Court Chambers. They deal mainly with interim applications and hear judicial cases conferences. Masters of the Supreme Court are addressed as "Your Honour." | Masters deal with a wide variety of applications in Supreme Court Chambers. They deal mainly with interim applications and hear judicial cases conferences. Masters of the Supreme Court are addressed as "Your Honour." | ||
Justices can also hear interim applications and judicial cases conferences, but are mostly assigned to hear trials and applications to change final orders. Until | Justices can also hear interim applications and judicial cases conferences, but are mostly assigned to hear trials and applications to change final orders. Until a couple years ago, justices were addressed by the ancient-sounding terms "My Lord" or "My Lady," or, if you wanted, as "Your Lordship" or "Your Ladyship." As of the end of 2021, a justice of the BC Supreme Court is to be addressed as "Chief Justice", "Associate Chief Justice", "Justice", "Madam Justice", or "Mr. Justice" as the context requires. The old terms "My Lord", "My Lady", "Your Lordship", and "Your Ladyship" are to be avoided. | ||
====Appeals==== | ====Appeals==== | ||
Line 170: | Line 169: | ||
Interim orders of masters may be ''appealed'' to a justice of the Supreme Court. A party appealing the order of a master must file a ''Notice of Appeal'' (Form F98) in the Supreme Court within 14 days of the date the order was made. | Interim orders of masters may be ''appealed'' to a justice of the Supreme Court. A party appealing the order of a master must file a ''Notice of Appeal'' (Form F98) in the Supreme Court within 14 days of the date the order was made. | ||
Interim and final orders of justices of the Supreme Court are ''appealed'' to the Court of Appeal and must be brought within 30 days of the date of the order. Appeals of interim orders require the permission of the Court of Appeal before they will be heard, called ''leave''. Appeals of final orders don't need leave to proceed. Appeals to the Court of Appeal proceed under the [ | Interim and final orders of justices of the Supreme Court are ''appealed'' to the Court of Appeal and must be brought within 30 days of the date of the order. Appeals of interim orders are generally ''limited appeal orders'' and require the permission of the Court of Appeal before they will be heard, called ''leave''. Appeals of final orders don't need leave to proceed. Appeals to the Court of Appeal proceed under the ''[[https://canlii.ca/t/b96x Court of Appeal Act]]'' and the [https://canlii.ca/t/bgkw Court of Appeal's rules of court] and court forms. | ||
It's important to know that an order that is appealed remains in effect unless the master or justice who made the order says otherwise. Starting an appeal doesn't mean that you can ignore the order you are appealing. | It's important to know that an order that is appealed remains in effect unless the master or justice who made the order says otherwise. Starting an appeal doesn't mean that you can ignore the order you are appealing. | ||
See [[How Do I Appeal an Interim Supreme Court Decision?]] and [[How Do I Appeal an Interim Supreme Court Decision?]] under the Helpful Guides & Common Questions section for more information on appealing Supreme Court orders. | |||
==The Court of Appeal== | ==The Court of Appeal== | ||
Line 182: | Line 183: | ||
===Court proceedings=== | ===Court proceedings=== | ||
If you are involved in a proceeding before the Court of Appeal, you must read the ''[ | If you are involved in a proceeding before the Court of Appeal, you must read the ''[https://canlii.ca/t/b96x Court of Appeal Act]'' and the [https://canlii.ca/t/bgkw Court of Appeal Rules]. The act and the rules govern every aspect of an appeal, from starting an appeal to the size and colour of paper you have to use for court documents. (I'm not kidding. The rules even say what kind of font and type size you have to use!) They set out important deadlines and limitations, and say what court forms must be used for which purpose. You also need to have a look at the [https://www.bccourts.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Practice Directives] issued by the Chief Justice, which clarify aspects of the rules of court and describe additional processes and procedures. | ||
While it is possible to represent yourself in the Court of Appeal, and lots of people do, the court requires very strict compliance with its rules and forms. The assistance of a lawyer is highly recommended. | While it is possible to represent yourself in the Court of Appeal, and lots of people do, the court requires very strict compliance with its rules and forms. The assistance of a lawyer is highly recommended. | ||
Line 188: | Line 189: | ||
====Procedure==== | ====Procedure==== | ||
Appeals of final Supreme Court orders are | Appeals of final Supreme Court orders are discussed in the Helpful Guides & Common Questions section under [[How Do I Appeal a Final Supreme Court Decision?]]. They must be started within 30 days of the date the order was made. The person who starts an appeal is the ''appellant'', the other parties are ''respondents''. The appellant must serve the Notice of Appeal on all respondents. After being served, a respondent has to file a ''Notice of Appearance'', and may serve their own''Notice of Cross Appeal'', which is only necessary if the respondent also wants to appeal the Supreme Court's order and is asking for different orders than the appellant. | ||
''Interim applications'', applications for temporary orders, can be made in the Court of Appeal subject to the rules on them being ''limited appeal orders''. Appeals of interim Supreme Court orders are discussed in the Helpful Guides & Common Questions section under [[How Do I Appeal a Interim Supreme Court Decision?]]. | |||
Applications are rarely brought to the Court of Appeal, but when they are, the rules say the hearing of the application must be completed within 30 minutes. | |||
All appeals are based on the evidence before the judge who made the original decision. The Court of Appeal does not hear evidence from witnesses and rarely considers evidence that was not presented to the trial judge. Before an appeal can be heard, the appellant must: | All appeals are based on the evidence before the judge who made the original decision. The Court of Appeal does not hear evidence from witnesses and rarely considers evidence that was not presented to the trial judge. Before an appeal can be heard, the appellant must: | ||
#get transcripts of all of the oral evidence at trial, and transcripts can be hideously expensive to obtain, | #get transcripts of all of the oral evidence at trial, and transcripts can be hideously expensive to obtain, | ||
#prepare | #prepare an ''appeal record'' with the Notice of Appeal, and all of the pleadings filed in the Supreme Court proceeding plus the order at issue and reasons for judgment, and | ||
#prepare | #prepare an ''appeal book with'' all of the documents used as evidence at trial. | ||
(By "book" I mean that the paper is securely bound in some way. Lawyers often use ''cerlox'' or ''comb binding'', and businesses that provide photocopying services will usually be able to bind paper like this.) | (By "book" I mean that the paper is securely bound in some way. Lawyers often use ''cerlox'' or ''comb binding'', and businesses that provide photocopying services will usually be able to bind paper like this.) | ||
Each side must also prepare a written argument, called a ''factum'', as well as books containing all the statute law and case law they will be relying on in arguing the appeal. The court registry is very particular about how these materials are prepared; read the [ | Each side must also prepare a written argument, called a ''factum'', as well as books containing all the statute law and case law they will be relying on in arguing the appeal. The court registry is very particular about how these materials are prepared; read the [https://canlii.ca/t/bgkw Court of Appeal Rules] very carefully! | ||
Applications for leave to appeal, when they are required, are heard by one judge. | Applications for leave to appeal, when they are required, are heard by one judge. | ||
Line 213: | Line 216: | ||
====Appeals==== | ====Appeals==== | ||
Decisions of the Court of Appeal can be appealed to the Supreme Court of Canada. However, the Supreme Court of Canada must first grant leave for the appeal to be brought. There is no automatic right to appeal a judgment of the Court of Appeal in a family law dispute. | Decisions of the Court of Appeal can be appealed to the Supreme Court of Canada. However, the Supreme Court of Canada must first grant leave for the appeal to be brought. There is no automatic right to appeal a judgment of the Court of Appeal in a family law dispute. Read the Helpful Guides & Common Questions section under [[How Do I Appeal a Court of Appeal Decision?]]. | ||
==Resources and links== | ==Resources and links== | ||
Line 221: | Line 224: | ||
* ''[http://canlii.ca/t/849w Provincial Court Act]'' | * ''[http://canlii.ca/t/849w Provincial Court Act]'' | ||
* ''[http://canlii.ca/t/84d8 Supreme Court Act]'' | * ''[http://canlii.ca/t/84d8 Supreme Court Act]'' | ||
* ''[http://canlii.ca/t/ | * ''[http://canlii.ca/t/b96x Court of Appeal Act]'' | ||
* ''[http://canlii.ca/t/84h8 Court Rules Act]'' | * ''[http://canlii.ca/t/84h8 Court Rules Act]'' | ||
* ''[https://canlii.ca/t/8q3k Family Law Act]'' | * ''[https://canlii.ca/t/8q3k Family Law Act]'' | ||
Line 230: | Line 233: | ||
* [http://canlii.ca/t/b8rn Provincial Court Family Rules] | * [http://canlii.ca/t/b8rn Provincial Court Family Rules] | ||
* [http://canlii.ca/t/8mcr Supreme Court Family Rules] | * [http://canlii.ca/t/8mcr Supreme Court Family Rules] | ||
* [http://canlii.ca/t/ | * [http://canlii.ca/t/bgkw Court of Appeal Rules] | ||
===Resources=== | ===Resources=== | ||
Line 243: | Line 246: | ||
* [https://www.clicklaw.bc.ca/resource/2627 "Family Law in BC: Quick Reference Tool"] from Legal Aid BC | * [https://www.clicklaw.bc.ca/resource/2627 "Family Law in BC: Quick Reference Tool"] from Legal Aid BC | ||
* [https://www.clicklaw.bc.ca/resource/4039 "Preparing for a Family Court Trial in Provincial Court"] from the Provincial Court of British Columbia | * [https://www.clicklaw.bc.ca/resource/4039 "Preparing for a Family Court Trial in Provincial Court"] from the Provincial Court of British Columbia | ||
* ''[https://canlii.ca/t/srvn The CanLII Manual to British Columbia Civil Litigation]'' | |||
* [https://www.clicklaw.bc.ca/resource/4640 Legal Aid BC's Family Law website's information page "BC Legal System"] | |||
===Links=== | ===Links=== | ||
Line 251: | Line 256: | ||
* [https://www.bccourts.ca/Court_of_Appeal/index.aspx Court of Appeal website] | * [https://www.bccourts.ca/Court_of_Appeal/index.aspx Court of Appeal website] | ||
* [http://canlii.org CanLII] | * [http://canlii.org CanLII] | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Nate Russell]], 19 November 2023}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} |