What is leave to appeal (civil)?
Last revised April 16, 2018

In the BC Court of Appeal, there are two ways to begin an appeal:

  1. with leave to appeal, or;
  2. without.  

Sections 6-8 of the Court of Appeal Act allow for most trial decisions from the BC Supreme Court to be appealed to the BC Court of Appeal, except:

  • an interlocutory order;
  • an interim order under the Family Law Act;
  • an order made regarding practice and procedure under the Supreme Court Civil Rules;
  • an order as to costs only; 
  • a foreclosure order;
  • some decisions made in the BC Provincial Court (but not the Small Claims Court);
  • some decisions made by BC administrative tribunals that were reviewed by the BC Supreme Court (e.g., decisions from the BC Human Rights Tribunal);
  • some decisions made under provincial and federal statutes.

If you do not have an automatic right to appeal, section 7 of the Court of Appeal Act refers to a prescribed list of orders, called 'limited appeal orders', from which parties must seek leave to appeal. 

These limited appeal orders are listed under Rule 2.1 of the Court of Appeal Rules.  If the order to be appealed is found under Rule 2.1, you must seek leave to appeal by filing a Notice of Application for Leave to Appeal.  If the order to be appealed is not on the list, leave to appeal is not required (unless by another Act), and you should file a Notice of Appeal.

Please note that some decisions from criminal cases heard in the BC Provincial Court may be appealed directly to the BC Court of Appeal, but decisions from family and small claims divisions of the Provincial Court cannot be appealed directly to the Court of Appeal.

Limited Appeal Orders in All Cases (Except Criminal)

You must seek leave to appeal if the order you are appealing:

  1. Grants or refuses an adjournment;
  2. Lengthens or shortens the time something to be done; or,
  3. Grants or refuses costs or security for costs (leave is not required if the costs order is part of the order you are appealing).
Limited Appeal Orders in Civil Cases

You must seek leave to appeal if the order you are appealing grants or refuses relief under any of the following Supreme Court Civil Rules:

  • Part 5: Case Planning (Rules 5-1 to 5-4)
  • Part 7:  Procedures for ascertaining facts, other than Rule 7-7 (6): 
  • Rules 9-7 (11), (12), (17), or (18): Summary Trials
  • Part 10: Property and Injunctions: 
  • Part 11:  Expert evidence
  • Rule 12-2: Trial Management Conferences
  • Rule 21-7:  Foreclosure and Cancellation 
Limited Appeal Orders in Family Cases

You must seek leave to appeal if the order you are appealing:

  1. Grants or refuses interim relief under the Family Law Act;
  2. Grants or refuses an investigation into a family matter made under s.211 of the Family Law Act; or
  3. Grants or refuses relief under the following Supreme Court Civil Rules
  • Part 5:  Financial disclosure, other than Rule 5-1 (28)(b) and (c):
  • Rule 7-1:  Judicial Case Conference: 
  • Part 9:  Procedures for Obtaining Information and Documents, other than Rule 9-6 (6) 
  • Rule 11-3 (11), (12), (17) and (18): Summary trial procedure 
  • Part 12: Property and Pre-trial Injunctions 
  • Part 13: Court Ordered Reports and Expert Witnesses
  • Rule 14-3:  Trial Management
BC Statutes prescribing a requirement for leave to appeal

 

References

Court of Appeal BC Online Help Guide

Courts of British Columbia website: Court of Appeal

BC Directory of Administrative Tribunals & Agencies