Rule 49Appeals.docx

1、Rule 49 AppealsSUPREME COURT APPEALSRegistry staff are trained to receive and issue court documents; they are not legally trained and cannot provide individuals with legal advice.Supreme Court Civil Rule 18-3 and Supreme Court Family Rule 18-3 deal with an appeal to the Supreme Court from a provinci

2、al court or another statutory body. An appeal from a master, registrar or special referee is not subject to those rules and procedures. Those types of appeals are filed within the Supreme Court action where the order being appealed was made. Supreme Court Civil 23-6 and Supreme Court Family Rule 22-

3、7 apply to appeals from a master, registrar or special referee.Appeals from a decision of a Provincial Court Judge in a Small Claims or Family Court proceeding are covered in Civil Practice Direction 21 (Standard Directions for Appeals from Provincial Court Small Claims Act )and Family Practice Dire

4、ction 7 (Standard Directions for Appeals from Provincial Court Family Relations Act). Various other provincial enactments allow an appeal to the Supreme Court. Where there are no prescribed standard directions, a hearing is scheduled for the conduct of the appeal. Civil Form 73 or Family Form F79 is

5、 used when an application for directions is required.The fee for filing the appeal is $200.00 and there is a further filing fee of $80.00 at the time you file the notice of hearing of appeal. This package includes the following information:1) Supreme Court Civil Rule 18-3 - Appeals2) Civil Form 73 N

6、otice of Appeal if Directions Required3) Civil Form 74 Notice of Appeal Standard Directions4) Civil Form 70 Notice of Interest5) Civil Form 75 Notice of Hearing of Appeal6) Civil Form 76 Notice of Abandonment of Appeal7) PD 21 Standard Directions for Appeals from Provincial Court Small Claims Act8)

7、Supreme Court Family Rule 18-3 Appeals9) Supreme Court Family Form F79 Notice of Appeal if Directions Required10) Supreme Court Family Form F80 Notice of Appeal Standard Directions11) Supreme Court Family Form F77 Notice of Interest12) Supreme Court Family Form F81 Notice of Hearing of Appeal13) Sup

8、reme Court Family Form F82 Notice of Abandonment of Appeal14) FPD 7 Standard Directions for Appeals from Provincial Court Family Relations ActSupreme Court Civil Rule 18-3AppealsApplication(1) If an appeal or an application in the nature of an appeal from a decision, direction or order of any person

9、 or body, including the Provincial Court, is authorized by an enactment to be made to the court or to a judge, the appeal is governed by this rule to the extent that this rule is not inconsistent with any procedure provided for in the enactment.Form(2) An appeal is to be started by filing in a regis

10、try a notice of appeal in Form 73 or 74.Directions(3) A notice of appeal must include (a) the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal, or (b) an application for directions as to the conduct of the appeal.Conduct of appeal(4) If the n

11、otice of appeal includes a standard set of directions under subrule (3)(a), the appeal must be conducted in accordance with those directions unless the court otherwise orders.Applications for directions(5) Unless the court otherwise orders, an application for directions under subrule (3)(b) must be

12、set for hearing on a date that is at least 7 days after the date on which the notice of appeal is served in accordance with subrule (6).Service of notice of appeal(6) Unless the court otherwise orders, a notice of appeal must be served on (a) the person or body that gave the decision or direction, o

13、r made the order, being appealed, and (b) all other persons who may be affected by the order sought.Powers of the court(7) The court may give directions for the proper hearing and determination of an appeal and, without limiting this, may make an order (a) that documents, transcripts or minutes be p

14、roduced, (b) that evidence be tendered by way of affidavit, or that it be given orally, (c) that the appeal be determined by way of stated case or argument on a point of law, (d) prescribing time limits for taking steps in and for the hearing of the appeal, or (e) that the appeal be disposed of summ

15、arily, and may exercise any of the powers of the court exercisable in a petition proceeding.Filing notice of interest(8) A person who intends to oppose an appeal must, (a) within 7 days after the service of the notice of appeal, file a note of interest in Form 70, and (b) promptly after filing the n

16、otice of interest, serve a copy of the filed notice of interest on the appellant.Notice of hearing of appeal(9) After obtaining from a registrar a date for the hearing of the appeal, the appellant must, if the appellant wishes to proceed with the appeal, set the appeal for hearing on that date by (a

17、) filing a notice of hearing of appeal in Form 75, and (b) serving a copy of the filed notice of hearing of appeal on all parties of record.Notice of abandonment of appeal(10) An appellant may abandon an appeal by (a) filing a notice of abandonment of appeal in Form 76, and (b) serving a copy of the

18、 filed notice of abandonment of appeal on all parties of record.Form 73 No. . RegistryIn the Supreme Court of British ColumbiaBetween Appellantandperson or body appealed from RespondentNOTICE OF APPEAL IF DIRECTIONS REQUIREDTo: . name of person or body appealed fromAnd to: . name(s) of all other per

19、sons who may be affected by the order soughtWHEREAS on ., . dd/mmm/yyyy name of person or body from whosedecision/direction/order appeal is broughtmade the following decision direction order . add, if applicable, in .Action : Number/File Number state concisely the decision, direction or orderAND WHE

20、REAS an appeal lies to this court a judge of this court under . .; name and section of enactment allowing appealTAKE NOTICE that appeal(s) from name(s) of appellant(s)the decision direction order on the following grounds: .; concisely set out grounds of appealAND TAKE NOTICE that on ., at the courth

21、ouse at . dd/mmm/yyyy., address an application will be made to the presiding judge at for directions as to the time of day conduct of the appeal or as the case may be.The appellant(s) estimate(s) that the hearing of the appeal will take . time estimateIf you intend to oppose the appeal, you or your

22、lawyer must (a) file a Notice of Interest in Form 70 in the above-named registry of this court within the time for Notice of Interest described below, and (b) serve a copy of the Notice of Interest on the appellants(s) address for service set out in this Notice of Appeal.Time for Notice of InterestA

23、 Notice of Interest must be filed and served on the appellant(s), (a) if you were served with the notice of appeal anywhere in Canada, within 14 days after that service, (b) if you were served with the notice of appeal anywhere in the United States of America, within 28 days after that service, (c)

24、if you were served with the notice of appeal anywhere else, within 42 days after that service, or (d) if the time for Notice of Interest has been set by order of the court, within that time. The appellants(s) address for service is: Set out the street address of the address for service. One or both

25、of a fax number and an e-mail address may be given as additional addresses for service.Fax number for service (if any): .E-mail address for service (if any): .Date: . . Signature of appellant lawyer for appellant(s) . type or print nameForm 74 No. . RegistryIn the Supreme Court of British ColumbiaBe

26、tween Appellantandperson or body appealed from RespondentNOTICE OF APPEAL STANDARD DIRECTIONSTo: . name of person or body appealed fromAnd to: . name(s) of all other persons who may be affected by the order soughtWHEREAS on ., . dd/mmm/yyyy name(s) of person or body from whose .decision/direction/or

27、der appeal is broughtmade the following decision direction order . add, if applicable, in Action: Number/File Number state concisely the decision, direction, or order .;AND WHEREAS an appeal lies to this court a judge of this court under . ; name and section of enactment allowing appealTAKE NOTICE that . appeal(s) from name(s) of appellant(s)the decision direction order on the following grounds: . concisely set out grounds of appeal. .