Difference between revisions of "The Court System for Family Matters"

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The Court System for Family Matters (view source)

Revision as of 23:46, 21 February 2024

399 bytes added ,  21 February
master > associate judge - title change
(From staging 2024)
(master > associate judge - title change)
 
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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 an associate judge or judge to talk about the legal issues and see whether any of them can be settled. The associate judge 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.  


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====Addressing the court====
====Addressing the court====


There are two kinds of judicial officials at the Supreme Court that hear applications and trials, ''masters'' and ''justices'', both of whom we'll refer to as "judges" for convenience.  
There are two kinds of judicial officials at the Supreme Court that hear applications and trials, ''associate judges'' and ''justices'', both of whom we'll refer to as "judges" for convenience.  


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."  
Associate judges (called ''masters'' until January 2024 when their title was changed) deal with a wide variety of applications in Supreme Court Chambers, but they do not have the full range of judicial authority that a ''justice'' has, and they do not have the authority to make final orders. Associate judges deal mainly with interim applications and hear judicial cases conferences. Associate judges 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 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.
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.
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====Appeals====
====Appeals====


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 associate judges may be ''appealed'' to a justice of the Supreme Court. A party appealing the order of an associate judge 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 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.   
Interim and final orders of justices of the Supreme Court are ''appealed'' to the Court of Appeal. This is a more rigorous process. An appeal of a justice's order to the Court of appeal 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. This permission is 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 associate judges 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.
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.
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====Procedure====
====Procedure====


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.
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?]].  
''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?]].  
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