Appeals from Provincial Court Family Cases
Section 233 of the Family Law Act allows you to appeal a family court decision made in Provincial Court, as long as it was not an interim order.
The appeal is governed by a standard set of rules. You must bring the appeal within 40 days of the Provincial Court order. The procedure is set out in Rule 18-3 of the Supreme Court Family Rules.
An interim order is an order that does not finally settle matters between the parties.
You must make and serve the following documents to the respondent:
- A notice of appeal in Form F79 or Form F80
- An affidavit of service of the notice of appeal
- A complete transcript of the oral evidence given at the Provincial Court hearing and the reasons for judgment (the appellant must order and pay for these) and
- A written outline setting out
- The grounds of the appeal
- The order you are asking the court to make
- The facts and law that you are relying on (including a list of authorities – case law and legislation)
You cannot bring new evidence to the appeal in Supreme Court (unless the court gives its permission to do so, which is unusual).
The Supreme Court will review the transcript of the Provincial Court hearing and hear your legal argument (your reasons why the Provincial Court did not properly apply the law to the facts of your case).
After hearing your appeal, the Supreme Court can make one of these orders:
- Confirm the order of the Provincial Court
- Set aside the order of the Provincial Court
- Make any order that the Provincial Court could have made or
- Direct the Provincial Court to have a new hearing
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