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How Do I Appeal an Interim Supreme Court Decision?

94 bytes added, 21:22, 13 October 2023
Judge's orders
===Getting permission to appeal===
To appeal a judge's order, even an interim one, you need to go to the Court of Appeal, but you may will probably need to get permission first. For judge-made orders, only You need to read Rule 11 of the Court of Appeal Rules to determine if the order you want to appeal is a ''Divorce Actlimited appeal order'' orders can be appealed or not. A good resource to help you understand Rule 11 is ''as of right[https://canlii.ca/t/srvn The CanLII Manual to British Columbia Civil Litigation]'' (which means you don't need to get permission), and it has a section about understanding what are limited appeal orders under Rule 11 of the Court of Appeal Rules. Other Most interim orders are limited appeal orders made by a judge, including . Certainly any interim orders under the Supreme Court ''Family Rules Law Act'' or the ''Family Law Divorce Act'', are limited appeal orders. Limited appeal orders can only be appealed ''with leave'' (which means you need permission of the Court of Appeal), i.e. Applying for ''leave to appeal'' is what they call the process of getting the Court of Appeal's permission.
===Steps for appealing a judge's order===
For If you're lucky and the order you'Divorce Act'' orders, which are appealable re appealing is not a ''as of rightlimited appeal order'', you need to file a Form 1 Notice of Appeal from the [https://canlii.ca/t/bgkw Court of Appeal Rules] within 30 days of the order being made.
For appeals of a judge's order under the Supreme Court Family Rules or the ''Family Law Act'', Otherwise you need to request ''leave to appeal''. You do this by filing a Notice of Application in Form 4 of the Court of Appeal Rules. Indicate on the form that the application is for ''leave to appeal''.
The rest of the appeal process is set out in the Court of Appeal Rules. These are fairly complicated, and you should seriously consider hiring a lawyer to help you with your appeal. You might also find the ''[https://canlii.ca/t/srvn The CanLII Manual to British Columbia Civil Litigation]'' (which is freely available online), and its chapter about the Court of Appeal Rules, to be helpful if you have to navigate this on your own. Be warned that the procedures and forms for the BC Court of Appeal changed in 2022, so be cautious if you're reading any books or guides that were written before July 2022.
It's important to note that filing a Notice of Appeal or a Notice of Application in the Court 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 original order for an added order that the order you will be appealing <span class="noglossary">will</span> be ''suspended'' until the appeal is heard.