Appeals

If you disagree with an order, you may be able to appeal it. Which court you appeal to depends on which lower court made the order, what type of order was made, and whether this is your first or second appeal of that order.

Some orders cannot be appealed; other orders require “leave to appeal” (permission from the court to appeal the order). You will need to bring a motion to obtain leave to appeal.

There are strict timelines for appealing an order. The timelines are shorter for child protection cases.

Generally speaking, the evidence before the court on an appeal is the same evidence that was before the lower court. That evidence will include the documents that were filed and a transcript of the original proceedings (if needed). Witnesses rarely testify at the hearing of an appeal. In some cases, particularly where the court is considering the best interests of a child, “fresh” or new evidence will be admissible on appeal.

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