2.3 After obtaining or being refused leave to appeal
If you are granted leave to appeal
If your application for leave to appeal is successful, you can proceed with your appeal. Prepare an order (Form 10) stating that leave to appeal was granted. After you and the respondent(s) or their lawyer have signed the order, you can submit it to the registry for the judge to sign.
Skip to section 2.4 Preparing an appeal record and prepare the appeal record.
If you are not granted leave to appeal
If your application for leave to appeal is denied, you may bring an application to vary that decision not more than 7 days after the order was made (see Rule 62). Your application to vary the order will be heard by a division of the court (three Court of Appeal justices). This is called “a review”.
A review is not a new hearing of your application – much like an appeal, you will not get to reargue why you should be granted leave to appeal. Instead, you will need to show that the judge who denied your application for leave made a mistake in law or misunderstood an important fact.
How to apply to vary an order
- Not more than 7 days after the date the chambers judge made the order denying your application for leave to appeal you must:
- Obtain a hearing date from the registry for your application to vary the judge’s order. It is a good idea to communicate with the other parties first to find a date that works for everyone.
- Prepare a notice of application to vary an order of a justice (Form 8).
- File the notice of application.
- Pay the court filing fee when you file your application.
- Serve a copy of the notice of application on each respondent.
- Not more than 14 days after filing the notice of application you must:
- Prepare an application book using the paper or e-filing completion instructions for application books to vary or cancel an order.
- File the application book.
- Serve a copy of the filed application book on each respondent.
If the respondent(s) wish to respond to your application, they must file and serve a response book prepared using the completion instructions not more than 7 days after being served with your application book.