Definitions

a

Refers to the Court of Appeal Act, S.B.C. 2021, c. 6.

A statement written down and sworn or affirmed to be true. An affidavit must be signed before a notary public or commissioner of oaths. Click here for an example: Affidavit Form.

Examination by a higher court of the decision of a lower court or tribunal. The higher court may affirm, vary, or reverse the original decision.
The Court has decided in favour of the appellant (the person bringing the appeal).

An appeal book contains copies of the evidence referred to in a party’s written argument (factum). The completion instructions for preparing and filing Appeal Books are here (note: instructions will vary depending on if you are filing paper copies or filing electronically). See also, Rule 26.

The Court has decided in favour of the respondent (the person against whom the appeal is brought) and against the appellant.

 The appeal record contains copies of initiating documents, orders, judgments/decisions, and the notice of appeal or leave. The completion instructions for preparing and filing Appeal Records are here (note: instructions will vary depending on if you are filing paper copies or filing electronically). See also, Rule 23.

A person who was a party to the proceedings in the court appealed from and is bringing an appeal or applying for leave to appeal.

An application (request) to the Court for an order or judgment which occurs during the course of a court proceeding. Applications are common occurrences and can be made for many purposes, including asking for extensions of time to file an appeal or seeking permission to argue an appeal. An application must be brought by notice to the court and other parties and include an affidavit giving details of the application.

The procedure for requesting the Court’s permission to hear an appeal.