The Best Option for You
If You Go to Provincial Court
I don't agree with what the judge decided. Can I get the court order changed?
If you disagree with what the Provincial Court judge decided in your case, you have the right to appeal the court order (provided it is a final order; you cannot appeal an interim order) in BC Supreme Court. That means you can ask the Supreme Court to review the Provincial Court's decision.
If the Supreme Court judge determines that the Provincial Court judge made an error that affected the final result in your case, he or she may set aside (cancel) the Provincial Court order, make a new order, or send the case back to the Provincial Court for another hearing. If the Supreme Court judge does not find an error, the original order will stay in place.
You should know, however, that an appeal can be complicated, time consuming and expensive, and there is no guarantee that the Supreme Court judge will decide in your favour. Before you begin an appeal, you should talk to a lawyer to find out whether you have a realistic chance of having the order changed, and whether it would be financially worthwhile for you to go on with an appeal.
If you decide that you do want to appeal the order, you have 40 days from the day after the Provincial Court judge makes a final court order to:
- complete the appeal forms and file your appeal in Supreme Court
- serve a copy of the notice on your former spouse within 30 days after filing your appeal
- order (and pay for) a complete transcript of the oral evidence given at your Provincial Court hearing and the reasons for the judge's decision, and
- write an outline of your reasons for appealing the Provincial Court's decision, what changes you would like to see made in the court order, and the facts and laws that support those changes. This outline must be filed with the court at least five days before the date of your appeal hearing. (Please note: You cannot introduce any evidence in your outline or at the appeal hearing that was not introduced during the Provincial Court hearing, unless you apply to the Supreme Court for permission to present new evidence.)
If you have a lawyer, the lawyer will handle the appeal forms for you. If you do not have a lawyer, you will need to talk to Supreme Court staff to find out what forms you will need to prepare and file with the court. The cost for filing an appeal in Supreme Court is $291.00.
The original Provincial Court order will remain in effect while you are going through the appeal process, unless you apply to the Provincial Court to have it "stayed" (put temporarily on hold), and the judge grants your application. The application form is available from your local Provincial Court or on-line in PDF format.
We recommend you get legal advice about appeal procedures.
|
|
