Appealing a family law decision involves asking a higher Court to review your case and a ruling made by a lower Court to determine if any legal errors occurred. Appeals are not opportunities to present your case anew but to identify and rectify potential mistakes in applying the law. Given the complexity and strict time limitations of appeals, seeking legal advice as soon as possible is crucial if you believe an error was made in your case.
At Colborne Allyjan Law, we understand that the appeals process can be daunting and stressful. We provide compassionate and thorough support, offering services tailored to your needs. Whether you require a detailed opinion on the merits of your appeal or full representation throughout the appeals process, our experienced team is here to assist you.
Our lawyers have extensive experience handling family law appeals, frequently managing cases of varying complexity. Given the potentially high costs and the specific issues that can be successfully appealed, it is crucial to consult with lawyers who have a thorough understanding of family law. Our team has extensive experience in the conduct of Appeals both at the King’s Bench, Court of Appeal and Supreme Court of Canada.
The time limit for filing an appeal is either specified in the relevant statute or act (e.g., the Divorce Act) or is one month from the decision date if no specific period is mentioned. Exceptions to these time limits exist, such as if the deadline falls on a weekend or statutory holiday, allowing the notice of appeal to be filed on the next business day. If you miss the deadline, consult a lawyer to see if an extension is possible.
The Appellate Court may:
Choosing the right family lawyer is a critical step in navigating legal challenges with confidence. Family Law is a dynamic and delicate practice that demands compassion, care, and communication. Our lawyers handle each case collaboratively, leveraging over 50 years of experience from the day of your free consultation to when your file becomes closed. Our initial consultation is designed to listen to your concerns, understand your goals, and offer clear, thoughtful guidance. We work hard to build a trusting relationship and offer the dependable support you need to move forward with peace of mind.
You cannot appeal a Certificate of Judgment from a Binding Judicial Dispute Resolution, but you can appeal a judgment from a Chambers Order, hearing, Special Champers, Simplified Trial, or Trial if there is an error in facts or how the law was applied.
An application to vary is made to the original Court to change its own order due to a material change in circumstances. An appeal, however, is made to a higher Court when a party believes the law was incorrectly applied without needing a material change in circumstances.
While you can represent yourself in the Court of Appeal, it is highly recommended that you seek legal advice. The appeal process is complex, and having an experienced team of lawyers can significantly increase your chances of a successful outcome.
An error of law happens when the Judge correctly understands the facts but misapplies the law to those facts. An error of fact occurs when the Judge misinterprets or has incorrect facts, leading to a misunderstanding of the situation.