1.2 Do you have a right to appeal your case?
Most trial decisions from the BC Supreme Court can be automatically appealed to the BC Court of Appeal. (See s. 13 of the Court of Appeal Act)
The Court of Appeal may hear an appeal from all BC Supreme Court decisions automatically except for those orders listed in Rule 11 of the Court of Appeal Rules, which are known as limited appeal orders.
Read the Rules
s.13 Appellate jurisdiction, Court of Appeal Act
Rule 11 Limited appeal orders
Examples of limited appeal orders include:
- Orders that grant or refuse extensions of time
- Interim orders under the Family Law Act or the Divorce Act (Canada)
- An order as to costs only
- A foreclosure order
You cannot appeal a decision from a Provincial Court family matter directly to the Court of Appeal without filing an appeal to the Supreme Court first. Appeals from small claims must also go directly to the Supreme Court. Section 13 of the Small Claims Act prohibits an appeal to the Court of Appeal from an order made by the Supreme Court. The BC Supreme Court has final jurisdiction over small claims appeals and no further appeal lies to the BCCA.
You may only appeal some decisions by BC administrative tribunals or others made by provincial or federal bodies. Usually, those decisions must first be reviewed by the BC Supreme Court, unless the statute that created the tribunal says otherwise. You must read the applicable statutes to understand how to appeal a decision and the procedural timelines that you must follow.
Read the Rules
Rule 16-1 Petitions, of the Supreme Court Civil Rules describes the procedure to be followed for judicial reviews from most BC administrative tribunals.
Learn More
Go to Judicial Review BC to learn more about the review process for administrative tribunals.
If you do not have an automatic right to appeal, you must make an application to the court to obtain leave (permission) to appeal. Section 2.2 What to do if leave to appeal is required discusses how you obtain leave (permission) to appeal.
