Divisional Court Appeals: Key Processes and Requirements
Hi Everyone, it's Kristy from Clearly Legal.
Let's chat today about some basics about Appeals to Divisional Court.
What Is a Divisional Court Appeal?
An appeal to the Divisional Court is a review of decisions made by lower courts or tribunals. The court does not retry the case or hear new evidence except in rare exceptions. Instead, a panel of three judges examines the record from the original hearing to determine if there were errors in law or procedure that affected the outcome.
The Divisional Court handles both civil appeals and statutory appeals, depending on the legislation governing the matter. This means the court’s jurisdiction and limits can vary based on the specific laws involved.
Yes, there are cases where you need leave. This blog is not about Leave to Appeal, it is only about how to start an appeal...(so....)
How to Start an Appeal
If leave is not required, you begin the appeal by serving and filing two key documents within 30 days of the order you want to challenge:
Notice of Appeal: This document must clearly state the remedy you seek, the grounds for the appeal, and the evidence you rely on.
Appeal Certificate: This confirms the evidence that was before the lower court or tribunal.
The Notice of Appeal is your chance to explain why the decision should be changed. You have to file this and the Appeal Certificate within 10 days of the filing (with an AOS).
This is how the Appeal is started...
How the Response starts
Assuming the Respondent is responding, this is how to Response starts
If the Respondent plans to cross-appeal, this must be served within 15 days after the service of the Notice of Appeal and filed with the court (with an AOS) within 10 days after service.
Whether there is a cross-appeal or not, the Respondent serves and files the Responding Certificate Respecting Evidence within 15 days of being served with the Appellant's (unless they are deemed the Appeal Certificate or agreeing).
How Experience Makes a Difference
Lawyers, you need help, you need experienced help, you need me. Contact me at kristy@clearlylegal.ca and we'll chat.
Disclaimer: This post provides general information about alternative service of legal documents from a law clerk. It is not legal advice. For advice specific to your situation, please consult a lawyer or active licensed paralegal.
