Refers to the Court of Appeal Act, S.B.C. 2021, c. 6.
A statement written down and sworn or affirmed to be true. An affidavit must be signed before a notary public or commissioner of oaths. Click here for an example: Affidavit Form.
An appeal book contains copies of the evidence referred to in a party’s written argument (factum). The completion instructions for preparing and filing Appeal Books are here (note: instructions will vary depending on if you are filing paper copies or filing electronically). See also, Rule 26.
The Court has decided in favour of the respondent (the person against whom the appeal is brought) and against the appellant.
The appeal record contains copies of initiating documents, orders, judgments/decisions, and the notice of appeal or leave. The completion instructions for preparing and filing Appeal Records are here (note: instructions will vary depending on if you are filing paper copies or filing electronically). See also, Rule 23.
A person who was a party to the proceedings in the court appealed from and is bringing an appeal or applying for leave to appeal.
An application (request) to the Court for an order or judgment which occurs during the course of a court proceeding. Applications are common occurrences and can be made for many purposes, including asking for extensions of time to file an appeal or seeking permission to argue an appeal. An application must be brought by notice to the court and other parties and include an affidavit giving details of the application.
The procedure for requesting the Court’s permission to hear an appeal.
A book of authorities contain copies of authorities (case law, statutes, legal texts, etc.) referred to in a party’s written argument (factum). The completion instructions for preparing and filing a Book of Authorities are here (note: instructions will vary depending on if you are filing paper copies or filing electronically). See also, Rule 27.
A day on which the court registries are open to the public.
A matter heard before a single judge of the Court of Appeal.
Rules governing practices or procedures before the court that involve individuals, organizations or governments. Generally, the Rules do not refer to criminal cases.
A “civil” suit (case) is a court proceeding which involves legal issues between individuals, corporations or governments. (These are non-criminal issues.) A civil case is started when there is disagreement on a legal matter.
The instructions that the Registrar issues for the completion of documents. These instructions explain the content requirements, the book format, document format, and technical requirements (if e-filing). Failure to comply with the completion instructions may result in the rejection of a court filing.
If an appeal relates to the constitutional validity of any statute, this Act provides that the party contesting the validity of the statute must notify the Attorney General of Canada and the Attorney General Of BC so that the Attorney(s) General (or a representative) may present argument to the Court of Appeal about the case.
Money spent to carry out or defend an appeal which a party is allowed to recover. The unsuccessful party is usually ordered to pay part of the expenses associated with the successful party’s litigation.
A respondent may bring a cross appeal, meaning a request that the court vary a different part of the order already being appealed. For example, in a motor vehicle accident case, the Supreme Court judge may decide that the plaintiff and defendant were equally at fault for the accident, and the plaintiff may be awarded $50,000 for personal injuries suffered in the accident. The plaintiff may decide to appeal the decision on the ground that he suffered severe injuries and was entitled to a greater sum to compensate for his injuries. After the plaintiff files their notice of appeal regarding compensation the defendant, may decide to appeal the decision on the ground that he was not at fault for any part of the accident. In this example, the defendant is the respondent on the appeal involving compensation and the appellant on cross-appeal on the question of fault.
The group of three or five judges of the court who will hear the appeal.
Once an order has been pronounced, a document (order) is prepared that sets out the decision of the court or judge. This order must be filed with the Registry and distributed in accordance with the Rules.
Evidence that was relied upon by the lower court or tribunal.
Written submissions filed with the court. Factums include the following parts: cover page, table of contents, chronology, opening statement, statement of facts, errors in judgment or issues on appeal, argument, and nature of order sought. Word templates are available. Follow the completion instructions for Factums here.
The list of inactive appeals that the Registrar maintains (see Rule 49(1)).
Interlocutory refers to a decision in a lawsuit that is not final. It is a temporary decision on a matter that arises between commencement of the proceeding and its conclusion. For example, the court may order an interlocutory order for child support until the trial has concluded.
A person who has been granted leave under Rule 61 (intervener status) to intervene in an appeal.
Final decision by the Court in a legal proceeding. The terms “judgment” and “decision” are interchangeable. A judgment may be written or given orally in court.
Permission of a judge in chambers or a division of judges to do something. It is most often used in the context of getting permission to commence an appeal, which is required in certain types of cases. For example, “leave to appeal” refers to seeking permission from the court or a justice to appeal an order.
An order, such as those set out in Rule 11, that requires leave to appeal. Rule 11 sets out the types of orders for which leave to appeal is required in order to commence your appeal. A party bringing an appeal or cross appeal must apply for leave to appeal if the order being appealed in a limited appeal order.
The form completed by the appellant to start the appeal process.
The form completed by the appellant or respondent to begin a process in chambers.
A decision of a Court or other decision-making body. It may or may not be the final outcome of the matter. An order includes a judgment, a decree, and an opinion, advice, direction, determination, decision, or declaration that is specifically authorized or required under an enactment to be given or made.
A participant in a legal proceeding. In an appeal, a party refers to the appellant or a respondent who, in accordance with the Rules, is a participant in the appeal. The party who brings the proceeding to the Court of Appeal is called the appellant. The party against whom an appeal is brought and who must respond to the appellant’s case is called the respondent.
Pleadings are the documents that the parties exchange to commence a lawsuit (e.g., the notice of civil claim, the notice of appeal, notice of motion, etc.), and file in court. They set out the facts and circumstances of the case, which both parties will try to prove in court to support their claim or defence.
When the Court gives a judgment (decision), it is referred to as being pronounced and becomes binding at that time. An appeal must be launched within 30 days of the date of pronouncement, whether an order has been filed with the Registry or not.
The division of appeal judges before whom a case is/was heard. Three justices constitute a quorum of the court.
The recording by the court staff of all appearances and/or proceedings and their outcomes before the Court.
Remedies can be monetary, declaratory or injunctions. Monetary remedies (damages) are most common. The Court of Appeal “remedies” include affirming or reversing the original decision, varying in total or in part the judgment of the lower court, and in some cases, ordering a new trial.
When a judge or judges do not immediately give their decision, but issue a written decision at a later date.
A person, other than the appellant, who was a party to the proceedings in the court appealed from, and whose interests are affected by the relief requested by the appellant in an appeal. A respondent can also refer to a person who is added, under the Rules, as a respondent to an appeal.
The delivery of a document, which has been filed with the court, to another party to the proceeding, in accordance with the Rules. Part 2 of the Rules set out how to file and serve documents, including the method of service and the time frames (see Rules 3 to 5). Only a notice of appeal must be served on the respondent personally or served on the respondent’s lawyer of record in the court appealed from.
To postpone a proceeding or process of execution pending the outcome of an appeal.
The name given to a decision-making body that has been established by statute which is not a court; for example, the Labour Relations Board or the Workers’ Compensation Board.