How I do Appeal my Judgement? BC Family Lawyers Can Help!

After going through an exhausting trial, you may find that the judge got your case wrong. He or she didn’t understand you and just gave the wrong judgement. Judges are just other human beings. They are not God. They can make mistakes. That is why you have a choice to appeal their judgement and have it reviewed at the BC Court of Appeal. Let’s talk about the appeal:

How Does the BC Court of Appeal Work?

Going before the Court of Appeal is usually every lawyer’s dream. You stand before not one, but three judges and explain to them why the trial judge (BC Supreme Court Judge) got your client’s case wrong. You ask them to change the judgement in your client’s favour. These judges are extremely smart and at least 2 of them have to agree with you before overturning the trial judge.

The costs of an appeal are usually less than the costs of running an entire trial, but there are strict rules you have to follow. It is almost impossible to run an appeal without a lawyer because of the many rules you have to follow and mistakes can be fatal. Here is a summary of the appeal procedure:

Procedure at the BC Court of Appeal

Within one month after getting your judgement, you have to file what is called a Notice of Appeal. You must serve your Notice of Appeal on your ex-spouse or their lawyer.

You will then have to file what is called an Appeal Factum. The Factum basically goes through the facts of your case, the law relating to your case, and more importantly, what the judge got wrong at trial.

You have to file other documents such as the transcripts of the trial, a book of authorities, and a book of documents. Click here for the BC Court of Appeal Rules.

There are three types of errors a trial judge can make to make the BC Court of Appeal overruled the judgement:

Types of Errors at the BC Court of Appeal

Here are the types of errors you have to point out to the BC Court of Appeal:

1. The Trial judge got the facts wrong;
2. The Trial judge got the law wrong; and
3. The trial judge got a mixture of facts and law wrong.

It is always easier to point out an error in law than an error in fact. The BC Court of Appeal is very hesitant to set aside a judgement because of a factual error. There is a lot of deference given to the trial judge. Basically, if you do not agree with the factual finding of a judge, i.e. what you did or did not do wrong, the BC Court of Appeal will not interfere with the trial judge and uphold his or her judgement unless he or she clearly got it wrong.

But if the judge got the law wrong, you have a much higher chance of winning the appeal. You must show that the judge applied the wrong law or applied the law but interpreted it wrongly.

An appeal is a very complicated area of law. Our lawyers have extensive experience in appeal procedure and the BC Court of Appeal.

For more information or to set up an INITIAL CONSULTATION, please contact us at 604-974-9529 or contact us.