Appeals in BC
You didn’t get the result you should have… Now what?
You didn’t get the result you should have… Now what?
Sometimes, judges do get it wrong and when they do, you should consider applying to the court of appeal to appeal their decision. Our family lawyers have a track record of appearing before the BC Court of Appeal (Vancouver) in precedent setting cases. Our appellate advocacy has led to exceptional results for our clients. Our appellate level cases have been routinely cited by the Top 5 Magazine as leading appellate cases in Family Law in BC. Our family lawyers are well versed in the appellate rules and procedures. We know the law and we will tell you upfront whether it is worth appealing the case or whether you should attempt to resolve your case differently – you may still have options.
At your initial consult, we will discuss with you the pros and cons of filing an appeal so that you can make an educated decision about your case. We understand that a court’s decision can have serious impact on your family and well-being. We will work with you to get the justice your case deserves. Time is of the essence, if you are thinking of appealing a decision. Missed deadlines could jeopardize your chance of success. Contact us today to discuss whether you should appeal a decision in your family law case.
Can an interim order be appealed?
Interim orders are temporary orders made before trial and are therefore generally not appealable due to their limited nature, subject to some exceptions.
If a Master’s interim ruling is likely to have a direct bearing on the disposition of the issues at trial, then a Master’s decision may be appealed to a Justice of the BC Supreme Court.
In these cases, the appeal is a rehearing or a “hearing de novo” and a Justice of the BC Supreme Court may substitute his or her own view for that of the Master.
What happens to the order you are appealing?
Bringing an appeal does not automatically suspend the enforcement of the original order. This means that you must obey the original order pending the outcome of your appeal.
A Justice of the BC Supreme Court has the power to order an interim stay of proceedings, either in whole or in part, pending an application for leave to appeal.
This power is discretionary, not automatic. A stay of the original order will only be granted if the stay is necessary to either (a) preserve the subject matter of the litigation pending final determination, (b) to prevent irremediable damage, or (c) where there are other special circumstances.
What happens if a deadline is missed?
If you have missed a deadline to appeal an order, you will need to file an application for leave to appeal and explain to the court why you missed the deadline to appeal. In deciding whether to grant an appeal, the judge will consider the following:
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