Question
A party can always appeal from the decision of a judge in a civil lawsuit. Any party has a right to do this up to
A party can always appeal from the decision of a judge in a civil lawsuit. Any party has a right to do this up to the highest level of appeal available in the province. In British Columbia this is the Court of Appeal. The final level of appeal outside of the province is the Supreme Court of Canada in Ottawa. This is the highest court in Canada. It hears appeals from provincial and federal courts. However, in a civil lawsuit, you do not have a right to appeal to the Supreme Court of Canada. You must first ask the Supreme Court of Canada for permission to appeal. This is called making a request for leave to appeal. (You can go the Supreme Court of Canada website and look at decisions in which leave to appeal is granted or refused).
- What types of cases are more likely to be granted leave to appeal to the Supreme Court of Canada?
- Why do you think this is the case?
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