Open main menu

Clicklaw Wikibooks β

Changes

How Do I Appeal an Interim Supreme Court Decision?

707 bytes added, 23:08, 12 October 2023
no edit summary
{{JP Boyd on Family Law How Do I TOC|expanded=appeals}}
An ''interim order'' is any order that is made before a final order. Interim orders are made in the Supreme Court by a master or judge in chambers. Final orders are made by a judge following trial or with the agreement of the parties. The rules about appealing interim orders changeare different, depending on whether the order was made by a judge or a master.
=='''Master's orders'''==
Interim orders made by masters in family law matters can be appealed as of right to a judge of the Supreme Court. Because the appeal is being heard at the same level of court, you're not going to have to deal with Court of Appeal Rules and Court of Appeal forms.
===Steps===
Under Rule 22-7of the Supreme Court Family Rules, an appeal is brought by filing a Notice of Appeal from Master, Registrar or Special Referee in Form F98 within 14 days of the date the order was made. This deadline applies to orders that the Master made under the Supreme Court Family Rules or the ''Family Law Act''. The appeals of If the Master made orders made under the ''Divorce Act'' are governed by , you have to look at that act, legislation and section 21(3) , which says that an appeal must be made within 30 days.
The date the appeal <span class="noglossary">will</span> be heard is written on the Form 98 Notice of Appeal from Master, Registrar or Special Referee. It is a good idea to leave this part of the form blank until you've had a chance to talk to the court registry staff. Depending on how long your appeal <span class="noglossary">will</span> take to be heard and the court's schedule, they may want to select the date of the hearing for you.
It's important to know that filing Form F98 does not, on its own, operate to cancel the order pending the appeal. You can, if you want, apply to the master who made the order for an order that the order <span class="noglossary">will</span> be ''suspended'' until the appeal is heard.
==Judge's orders==
Interim orders made by judges can only be appealed To appeal a judge's order, even an interim one (i.e. not a final order), you will need to go to the Court of Appeal. Unlike interim Also note that for judge-made orders made by masters, only orders ones made under the ''Divorce Act'' can be appealed ''as of right''. Orders Other orders made by a judge under the Supreme Court Family Rules or the ''Family Law Act'' can only be appealed ''with leave'', which means with the permission of the Court of Appeal. Applying for ''leave to appeal'' is they call the process of getting the Court of Appeal's permission.
Appeals For ''as of right'' appeals, which don't require permission, appeals of a judge's order (remember, this means it is a ''Divorce Act'' orders order) must be made within 30 days by filing a Form 1 Notice of Appeal from the [https://canlii.ca/t/bgkw Court of Appeal formsRules]. Appeals For appeals of orders a judge's order made under the Supreme Court Family Rules or the ''Family Law Act'' (remember, these other ones require ''leave''), you must be made within 30 days by filing file a Notice of Application for Leave to Appeal from in Form 4 of the Court of Appeal formsRules, indicating it is an application for ''leave to appeal''.
The requirements for the remainder of the appeal process are set out in the Court of Appeal Rules and are fairly complicated, and you should seriously consider hiring a lawyer to help you with your appeal. If there is urgency You might also find the following free online resource helpful, under the chapter about Court of Appeal Rules::''The CanLII Manual to your appealBritish Columbia Civil Litigation'', John Fiddick and Cameron Wardell (eds.), Canadian Legal Information Institute, 2020 CanLIIDocs 630, you should consider the Practice Directive "[https://www.bccourtscanlii.ca/Court_of_Appeal/practice_and_procedure/civil_and_criminal_practice_directives/PDFt/(CandC)Expediting_Appeals.pdf Expedited Appeals]."srvn
It's important to know that filing a Notice of Appeal does not, on its own, operate to cancel the order pending the appeal. You can, if you want, apply to the judge who made the order for an order that the order <span class="noglossary">will</span> be ''suspended'' until the appeal is heard.