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Difference between revisions of "How Do I Appeal a Final Supreme Court Decision?"
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How Do I Appeal a Final Supreme Court Decision? (view source)
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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, 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. | 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 a 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'' 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''. | 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 | 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! | ||
==Finding the forms== | ==Finding the forms== | ||
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Once you've filled out your Notice of Appeal, you must file it in the registry of the Court of Appeal. They <span class="noglossary">will</span> charge you a fee for this, and you'll notice that all of the fees charged by the Court of Appeal are higher than those of the Supreme Court. The registry <span class="noglossary">will</span> stamp your Notice of Appeal with the seal of the court, a date stamp, and the file number of your action. You must then serve the Notice of Appeal on the other side. | Once you've filled out your Notice of Appeal, you must file it in the registry of the Court of Appeal. They <span class="noglossary">will</span> charge you a fee for this, and you'll notice that all of the fees charged by the Court of Appeal are higher than those of the Supreme Court. The registry <span class="noglossary">will</span> stamp your Notice of Appeal with the seal of the court, a date stamp, and the file number of your action. You must then serve the Notice of Appeal on the other side. | ||
Be aware that you have 30 days from the day after the decision was made to file your Notice of Appeal. The 30 days starts running from the date the decision is made (when the judge ordered you or the other party to do or not do something), not when you receive reasons for that decision. Once the 30 days have run out you <span class="noglossary">will</span> not be able to make your appeal unless you make a special application to the court for an extension of time. In general, the Court of Appeal is very strict and <span class="noglossary">will</span> demand that you obey the deadlines and rules exactly. | Be aware that you have 30 days from the day after the decision was made to file your Notice of Appeal. The 30 days starts running from the date the decision is made (when the judge ordered you or the other party to do or not do something), not when you receive reasons for that decision. Once the 30 days have run out, you <span class="noglossary">will</span> not be able to make your appeal unless you make a special application to the court for an extension of time. In general, the Court of Appeal is very strict and <span class="noglossary">will</span> demand that you obey the deadlines and rules exactly. | ||
==Reasons for appealing a decision== | ==Reasons for appealing a decision== | ||