Understanding the Legal System for Family Law Matters: Difference between revisions
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Understanding the Legal System for Family Law Matters (view source)
Revision as of 01:33, 19 April 2013
, 19 April 2013→Appeal basics
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The decision of the judge at the trial can be challenged to a higher court. A decision of the Provincial Court is appealed to the Supreme Court, and a decision of the Supreme Court is appealed to the Court of Appeal. Decisions of the Court of Appeal can be appealed to the Supreme Court of Canada, but only if the court agrees to hear the appeal. | The decision of the judge at the trial can be challenged to a higher court. A decision of the Provincial Court is appealed to the Supreme Court, and a decision of the Supreme Court is appealed to the Court of Appeal. Decisions of the Court of Appeal can be appealed to the Supreme Court of Canada, but only if the court agrees to hear the appeal. | ||
An appeal is not a chance to have a new trial, introduce new evidence or call additional witnesses. You don't get to appeal a decision just because you're unhappy with how things turned out. Appeals generally only concern whether the judge used the right law and applied the law correctly. This is what the Court of Appeal said about the nature of appeals in the 2011 case of [http://canlii.ca/t/flgwf ''Basic v. Strata Plan LMS 0304'', 2011 BCCA 231]: | An appeal is not a chance to have a new trial, introduce new evidence or call additional witnesses. You don't get to appeal a decision just because you're unhappy with how things turned out. Appeals generally only concern whether the judge used the right law and applied the law correctly. This is what the Court of Appeal said about the nature of appeals in the 2011 case of [http://canlii.ca/t/flgwf ''Basic v. Strata Plan LMS 0304''], 2011 BCCA 231]: | ||
<blockquote>"Consideration of this appeal must start, as all appeals do, recalling that the role of this court is not that of a trial court. Rather, our task is to determine whether the judge made an error of law, found facts based on a misapprehension of the evidence, or found facts that are not supported by evidence. Even where there is such an error of fact, we will only interfere with the order if the error of fact is material to the outcome."</blockquote> | <blockquote>"Consideration of this appeal must start, as all appeals do, recalling that the role of this court is not that of a trial court. Rather, our task is to determine whether the judge made an error of law, found facts based on a misapprehension of the evidence, or found facts that are not supported by evidence. Even where there is such an error of fact, we will only interfere with the order if the error of fact is material to the outcome."</blockquote> | ||