Overview
If you lose your court case, you can file an appeal, in which the court’s original decision is reviewed and may be reversed or changed.
When making an appeal, you must show that the previous decision-maker made a factual or legal error that affected the outcome of your case. An appeal isn’t a new trial or a way to re-hear your case.
There are 2 parties involved when filing an application or order:
- Applicant
- The person who files the application
- Respondent
- The person who responds to the application
Original order
An appeal doesn’t stop enforcement of an order or judgment and isn’t a way to avoid complying with a court decision. To delay your original order until your appeal is heard, you’ll need to apply to either:
- the Court of Justice judge who granted the order
- a King’s Bench justice
What you can appeal
In the Court of King’s Bench, you can appeal:
- decisions made in Court of Justice:
- in a civil matter, such as small claims court
- under the Family Law Act
- under the Child Youth and Family Enhancement Act
- decisions made by a Master of the Court of King’s Bench
- conviction offences heard in the Court of Justice, including traffic offences
Time limits
The time limit for filing your appeal is either:
- the appeal period in the statute or act that applies to your case (for example, Divorce Act)
- 1 month from the day of the decision, if there’s no appeal period in the statute or act that applies to your case
There are some exceptions to these time limits. If the date falls on a weekend or a statutory holiday, you’ll have to file the notice of appeal on the next business day.
If you’ve missed your time to appeal, talk to a lawyer to determine if the time limit can be extended.
How to make your appeal
Step 1. Fill out the form
Step 2. Get a transcript
Order a transcript of your original court hearing.
Step 3. File the form and appeal
At the Court of King’s Bench location that’s closest to where your original hearing took place, file copies of your:
- Notice of Appeal
- transcript order
- payment receipt
To prevent your appeal from being dismissed, you must file the transcript that supports your appeal within 3 months of filing it.
Step 4. Serve your Notice of Appeal
Serve your Notice of Appeal on the respondent.
Step 5. Attend the initial court appearance
During the initial court appearance, the King’s Bench justice will determine the date of the appeal hearing and what evidence must be presented at it.
Step 6. Attend the appeal hearing
At the appeal hearing, the King’s Bench justice will make a decision about your appeal.