There are two types of appeals within the Family Court system for Ontario Divorces;
1. An Appeal from a Divorce Judgment, Final Court Order, Summary Judgment, Default Hearing or something which finally determines the lawsuit on a final basis (meaning that you or the other litigant cannot take any further steps in the divorce application, action or lawsuit unless the filing utilizes the appellate/appeals court route. These sorts civil appeal/s usually stems from a “Judgment” or a “Default” or “Summary Judgment” situation which forces the litigant to either the Court of Appeal for Ontario or Superior Court of Justice Divisional Court.
2. An Interlocutory Appeal or Interim Court Order Appeal is also called a “Motion for Leave to Appeal an Interlocutory Order” and it involves a two-step judicial process because there is no legal right of. These are orders do not dispose of the lawsuit in its entirety. For example, an interim spousal or child support order is put in place until trial takes place so that some of the matters such as child support of spousal support will carry the person in need over until trial. At trial the interim orders is replaced by a final court order or a judgment. Courts cannot resolve an issue in finality until the matter has been properly canvassed/tested and that is why the court very often makes a temporary order/s.
A litigant who wants to appeal an “interim order”, requires to implement A TWO step process. An interim order is any order that is made before a final order is made. Very often it is a stopgap measure to resolve an issue before trial. Orders made under the Divorce Act can be appealed as of right in certain provinces in Canada as this section of the Divorce Act no longer applies in Ontario. There is no legal right of for interim orders.
The first step is to bring a “Motion for Leave to Appeal an Interlocutory Order” (interim order) and if granted the second step would be to serve and file a “Notice of Appeal” and “Certificate Respecting Evidence” assuming leave is granted. The order essentially grants the moving party the right to appeal the decision however, the entire process (APPEALING AN INTERIM ORDER) has to meet a very high legal threshold/bar to win because interim orders are not meant to be appealed. They are intended to be a stopgap measure until trial.
Creating appeal documents from a judgment or final court order is actually quite easy.
1. Decide whether to appeal, and are you doing it alone? That is the first step?
2. Decide which court the appeal will be taken to?
3. Draft the “notice of appeal” and “certificate respecting evidence”?
4. Serve and file both documents with the court.
5. Order transcripts of the various witnesses that will support your appeal and then wait until they arrive.
6. Pay for them and use them to complete your factum and perfect your appeal.
7. Complete an “appeal and compendium”, factum, book of authorities, certificate of completion and readiness..
Injustices is perpetrated on families, children everyday in family courts across north america! It is time to get fair and equitable justice and at a fair price!
Unlocking the secrets of the family divorce industry after many years of researching, attending court rooms, listening to lawyers, judges have all finally been unlocked! We have many answer you have been looking for.
The legal system in canada and usa is a mockery. It doesn’t work efficiently at an affordable price range for most! It forces many families into poverty.
The North American vertical market is enormous and is worth about 32 billion dollars annually!
Hiring a lawyer for appeals is very costly!!
Can you afford to pay out another $5,000-$10,000 for another retainer to start an appeal just after paying ridiculous amounts for trial? A 5 day trial plus court preparation, attendance can cost upwards of $50,000-$60,000. How about doing it on your own with some guidance?
The first step is to decide if an appeal is warranted, review what steps needs to take place to commence and appeal, time lines, forms used for the first phase of four steps of an appeal. Phase two is the preparing your materials and Factum, Appeal and Compendium, Book of Authorities, 3rd phase is the perfecting of the appeal and fourth getting ready to argue your appeal.
If a litigant has not taken out the lower court’s judgment or final court order then the appeal has NOT BEEN PERFECTED and may be subject to dismissal and court costs.This is a common mistake among self-litigants and they are often very confused about the entire appeal process not to mention many lawyers have difficulties to go to an appeal. Most lawyers don’t like the appeal process and shy away from it as much as possible.
Check out WinningCourtStrategies.com for more detail information.