2.4 Preparing an appeal record
After you have filed your notice of appeal or you have been granted leave to appeal by a justice in chambers, you need to file an appeal record. An “appeal record” is a book containing filed copies of the initiating documents (e.g. the notice of civil claim used to start the proceeding in the lower court), order and reasons for judgment of the lower court or tribunal, as well as the notice of appeal. The deadline for filing and serving an appeal record is not more than 60 days after filing the Notice of Appeal; or if you had to apply for leave, not more than 60 days after the date the judge granted leave to appeal, either in a written or oral judgment.
An appeal record contains key documents about your previous hearing.
Read the Rules
Rule 23 provides details of appeal records.
The deadline for filing and serving an appeal record is not more than 60 days after filing the Notice of Appeal or after receiving leave to appeal.
How to prepare the appeal record
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Prepare your appeal record by following the completion instructions for appeal records.
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The appeal record must contain these documents: The documents that initiated the proceeding under appeal (e.g. the notice of civil claim) and the responding documents (e.g. the response to civil claim) from the court below.
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The order from the court below. If the order has not yet been entered in the court below, you can provide the order later, when the order has been entered. You must provide an entered order before a date is set for the hearing of your appeal. See Rule 32 for details about readying an appeal for hearing.
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A copy of the reasons for judgment.
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The notice of appeal (and, if applicable, the notice of application for leave to appeal and the order granting leave to appeal).
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If applicable, a notice under the Constitutional Question Act (for example, if you are challenging the constitutional validity or applicability or any law or seeking a constitutional remedy).
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File the appeal record not more than 60 days after filing a notice or appeal, or, if leave to appeal is required, not more than 60 days after leave to appeal is granted.
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There is no filing fee for this document.
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Within that same 60-day time period, you must serve one copy of the filed appeal record on each respondent.
Get Help
There are professional service providers who will prepare your appeal record and appeal book for a fee. You can find these providers by looking at the brochures available at the Court of Appeal Registry or doing an Internet search (e.g., search for “appeal book preparation B.C.”).
