The grounds for appealing a civil lawsuit in Canada are limited to errors of law or fact made by the lower court. This means that you cannot appeal a decision simply because you disagree with the outcome. You must be able to show that the lower court made a mistake.
Some common grounds for appealing a civil lawsuit include:
Errors of law: This means that the lower court made a mistake in interpreting or applying the law. For example, the lower court may have applied the wrong law to the case or may have misinterpreted a statute or regulation.
Errors of fact: This means that the lower court made a mistake in finding the facts of the case. For example, the lower court may have ignored or misinterpreted evidence or may have made a conclusion that is not supported by the evidence.
Procedural irregularities: This means that the lower court made a mistake in following the rules of court procedure. For example, the lower court may have denied you a fair hearing or may have made a decision without giving you a chance to respond to the other party’s arguments.
To appeal a civil lawsuit in Canada, you must file a notice of appeal with the appropriate court. The notice of appeal must set out the grounds for the appeal and the relief that you are seeking.
The appellate court will then review the case and decide whether to grant the appeal. If the appeal is granted, the appellate court may overturn the lower court’s decision, send the case back to the lower court for a new trial, or order the lower court to make a different decision.
Appeals can be complex and time-consuming. It is important to consult with a lawyer to discuss your options and to determine whether you have valid grounds for appeal.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.