Can every case be appealed?
You do not have an automatic right to appeal to the Court of Appeal in every case. It depends on the kind of case. As a general rule, the Court of Appeal will hear an appeal from any final decision of the Trial Division or Unified Family Court. Leave (i.e. permission from the Court of Appeal) is required to appeal interlocutory decisions. Interlocutory decisions are decisions that are made during the course of a trial. It may affect the manner of conducting the trial or an issue in the case, but does not decide the final outcome. The Court will also hear appeals from some decisions of the Provincial Court. Not all appeals from decisions of the Provincial Court come directly to the Court of Appeal. Summary conviction appeals, for example, are usually appealed to the Trial Division. If one of the parties is still dissatisfied after the appeal is heard in the Trial Division, that party may, with leave of the Court, appeal that decision to the Court of Appeal. In some special cases, the Co
You do not have an automatic right to appeal to the Court of Appeal in every case. It depends on the kind of case. For example, in a small claims case which was appealed from a Small Claims Hearing Officer to a Court of Queen’s Bench judge, or a case involving the Residential Tenancies Commission, you must first appear in front of a single judge of the Court of Appeal to ask for “leave to appeal,” which means permission to appeal by filing a Notice of Motion, for that purpose.
