1.1 What is an appeal?
What is an appeal?
At the conclusion of a proceeding in a lower court, such as the BC Supreme Court, the party who lost may want to have that decision reviewed by a higher court in the hope that it might reverse or change the decision. In such cases, the party makes an “appeal” to the Court of Appeal, which is the highest court in BC.
An appeal is not a new trial or a rehearing of the case.
What an appeal is not
An appeal is not:
The Court of Appeal will not hear an appeal of every case. In some cases, you must ask the permission of the Court to appeal through a process called “leave to appeal”. Even if the Court of Appeal hears the appeal, it will not:
For an appeal to be successful, a person must show that the decision-maker made a factual or legal error that affected the outcome of the case. An appeal is not a new trial or re-hearing of the case.