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{{JP Boyd on Family Law How Do I TOC|expanded=appeals}}
{{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 change, depending on whether the order was made by a judge or a master.
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 are different, depending on whether the order was made by a judge or a master.


=='''Master's orders'''==
==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.
An interim order made by a ''master'' can be appealed as of right to a judge of the Supreme Court. Because the appeal is being heard by a judge from the same level of court, you're not going to have to deal with Court of Appeal Rules and Court of Appeal forms.


===Forms involved===
===Steps for appealing a master's order===
Under Rule 22-7 of the Supreme Court Family Rules, an appeal from a master's decision is brought by filing a Notice of Appeal from Master, Registrar or Special Referee in Form F98 of the Supreme Court Family Rules 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''. If the master made orders under the ''Divorce Act'', you have to look at section 21(3) of that Act, which says that an appeal must be made within 30 days.


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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.
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{{:Form F98 Notice of Appeal from Master Registrar or Special Referee}}
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===Steps===
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.
Under Rule 22-7, an appeal is brought by filing a Notice of Appeal in Form F98 within 14 days of the date the order was made. This deadline applies to orders made under the Supreme Court Family Rules or the ''Family Law Act''. The appeals of orders made under the ''Divorce Act'' are governed by that act, and section 21(3) 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 Notice of Appeal. 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.
==Judge's orders==
 
An order made by a judge of the BC Supreme Court can only be overturned by a judge from a higher court, which is the Court of Appeal.
 
===Getting permission to appeal===


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 master who made the order for an order that the order <span class="noglossary">will</span> be ''suspended'' until the appeal is heard.
To appeal a judge's order, even an interim one, you need to go to the Court of Appeal, but you will probably need to get permission first. You need to read Rule 11 of the Court of Appeal Rules to determine if the order you want to appeal is a ''limited appeal order'' or not. Since it's an interim order, it probably will require leave. A good resource to help you understand Rule 11 is ''[https://canlii.ca/t/srvn The CanLII Manual to British Columbia Civil Litigation]'', and it has a section about understanding what are limited appeal orders under Rule 11 of the Court of Appeal Rules. Again, most interim orders are limited appeal orders, and certainly any interim orders made under the ''Family Law Act'' or the ''Divorce Act'' are limited appeal orders. Limited appeal orders can only be appealed ''with leave'', i.e. the Court of Appeal's permission.  


==Judge's orders==
===Steps for appealing a judge's order===
 
If you're lucky and the order you're appealing is not a ''limited appeal order'', you 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.


Interim orders made by judges can only be appealed to the Court of Appeal. Unlike interim orders made by masters, only orders made under the ''Divorce Act'' can be appealed as of right. Orders made under the Supreme Court Family Rules or the ''Family Law Act'' can only be appealed with the permission of the Court of Appeal.
If you're like most appellants with an interim order, or if you are not sure, you will need to go through the steps for requesting leave to have the appeal heard. This is done by:
# Completing and filing a Form 1 Notice of Appeal, but indicating that leave to appeal is required.
# Getting a hearing date for your application from the registry.
# Completing a Form 4 Notice of Application, and indicating on the form that the application is for ''leave to appeal''.
# Preparing an ''appeal application book''.
# Not more than 30 days after you filed the Form 1 Notice of Application:
#* Filing both the Form 4 Notice of Application and the appeal application book.
#* Serving the Form 4 on the respondents at least 10 days before the hearing date.


Appeals of ''Divorce Act'' orders must be made within 30 days by filing a Notice of Appeal from the Court of Appeal forms. Appeals of orders made under the Supreme Court Family Rules or the ''Family Law Act'' must be made within 30 days by filing a Notice of Application for Leave to Appeal from the Court of Appeal forms.
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.  


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 to your appeal, you should consider the Practice Directive "[https://www.bccourts.ca/Court_of_Appeal/practice_and_procedure/civil_and_criminal_practice_directives/PDF/(CandC)Expediting_Appeals.pdf Expedited Appeals]."
If you are going ahead without a lawyer, be sure to read on for tips for representing yourself.  


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.
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.


===Representing yourself in the BC Court of Appeal===
===Representing yourself in the BC Court of Appeal===
For more information on the appeals process through the Court of Appeal, see the [https://www.clicklaw.bc.ca/resource/2601 Justice Education Society's Court of Appeal BC Online Help Guide]. There are separate guidebooks for appellants and respondents.
For more information on the appeals process through the Court of Appeal, see the [https://courtofappealbc.ca/civil-family Justice Education Society's Court of Appeal BC Online Help Guide]. There are separate guidebooks for appellants and respondents, visual flow charts called process overviews for appellants and respondents, and links to MS Word versions of the Court of Appeal forms. This is a very valuable resource for self-represented people.
 
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 and not revised since then.  


==Reasons for appealing a decision==
==Reasons for appealing a decision==
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When a master or judge makes a decision following a hearing, they do three things. First, the court makes a decision about the evidence and what the facts of the case are; this is called making a ''finding of fact''. Second, the court decides what the law applicable to the case is. Third, the court applies the law to the facts. These last two steps are called ''findings of law''.
When a master or judge makes a decision following a hearing, they do three things. First, the court makes a decision about the evidence and what the facts of the case are; this is called making a ''finding of fact''. Second, the court decides what the law applicable to the case is. Third, the court applies the law to the facts. These last two steps are called ''findings of law''.


You cannot appeal a decision simply because you don't like it. You must have a proper legal reason for bringing the appeal.
You cannot appeal a decision simply because you don't like it, and you cannot appeal a decision just to stall its consequences. You must have a proper legal reason for bringing the appeal.
 
In many cases, you <span class="noglossary">will</span> not be able to appeal a decision because the court made an mistake about a ''finding of fact''. Because an appeal court does not hear the evidence all over again, unless the master or judge made an enormous error in deciding the facts of the case, the facts that you <span class="noglossary">will</span> rely on at your appeal are the facts as the court found them to be.


In many cases, you <span class="noglossary">will</span> not be able to appeal a decision because of a mistake in the court's findings of fact. Because an appeal court does not hear the evidence all over again, unless the master or judge made an enormous error in deciding the facts of the case, the facts that you <span class="noglossary">will</span> rely on at your appeal are the facts as the court found them to be.
Most often, appeals are based on:
* errors in the court's conclusions about the applicable law, or
* how the judge applied the law to the facts.


Most often, appeals are based on errors in the court's conclusions about the applicable law or how the judge applied the law to the facts, called an ''error of law''. In appeals like these, the argument is based on a claim that the court didn't apply the correct legal test or failed to properly apply the legal test.
Either of these kinds of errors is called an ''error of law''. In appeals like these, the argument is based on a claim that the court didn't apply the correct legal test or failed to properly apply the legal test.


Since appeals normally deal with legal issues rather than factual issues, they can be quite complex and involve a lot of technical arguments. If you are appealing an interim decision, you should seriously consider hiring a lawyer.
Since appeals normally deal with legal issues rather than factual issues, they can be quite complex and involve a lot of technical arguments. If you are appealing an interim decision, you should seriously consider hiring a lawyer.
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Because an interim order is only temporary, lasting until the trial, you should seriously consider whether an appeal is necessary, or you should just wait until the trial to have it changed.  
Because an interim order is only temporary, lasting until the trial, you should seriously consider whether an appeal is necessary, or you should just wait until the trial to have it changed.  


{{REVIEWED | reviewer = [[Megan Ellis | Megan Ellis, QC]], June 10, 2019}}
{{REVIEWED | reviewer = [[Elham Jalilian]], September 18, 2023}}


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