The Best Option for You
If You Go to Supreme Court
I don't agree with what the judge/master decided. Can I get the court order changed?
If you disagree with what the Supreme Court judge or master decided in your case, you have the right to appeal the court order. That means you can apply to have the original order reviewed by the Court of Appeal or a Supreme Court judge.
Appealing an interlocutory (interim) order made by a master
If the court order you want to appeal is an interlocutory (interim) order made by a master, you can apply to have a Supreme Court judge review the master's decision. (You may also choose to ask for leave - special permission - to appeal the order to the BC Court of Appeal, but appealing to a Supreme Court judge is both easier and faster. Please see the Courts of British Columbia's Act, Rules & Practice Directives for an explanation of how to apply for leave to appeal.)
Appealing an interlocutory or final order made by a judge
- If the court order you want to appeal is an interlocutory (interim) order made by a judge under the Family Relations Act, you can - with special permission - appeal the order to the BC Court of Appeal. See the BC Court of Appeal rules for how to apply for leave to appeal.
- If the court order you want to appeal is an interlocutory (interim) order made by a judge under the Divorce Act, you can appeal the order to the BC Court of Appeal without special permission.
- If the court order you want to appeal is a final order made under either the Family Relations Act or the Divorce Act, you can appeal the order to the BC Court of Appeal.
If the Court of Appeal or Supreme Court determines that the original judge or master made an error that affected the final result in your case, the court may set aside (cancel) the first court order, make a new order, or send the case back to the Supreme Court for another hearing. If the Court of Appeal or Supreme Court 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 second judge will decide in your favour. The cost for filing an appeal of a master's decision in Supreme Court is $62.00; the cost for filing an appeal in the BC Court of Appeal is $291.00.
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. We also recommend you get legal advice about appeal procedures, and help with filling out the required forms.
If you do not have a lawyer, you will need to talk to court staff to find out what forms you will need to prepare and file with the court. The original Supreme Court order will remain in effect while you are going through the appeal process, unless you apply to the Supreme Court to have it "stayed" (put temporarily on hold), and the judge grants your application.
| 
