Appeals

Can I appeal a Judgment?

You cannot appeal a Certificate of Judgment resulting from a Binding Judicial Dispute Resolution.

You may apply to set aside a Certificate of Default Judgment. For more information and steps to set aside the Judgment refer to Judgment and Court Costs.

A Certificate of Judgment or Order for Judgment arising from a Simplified Trial or Trial, may be appealed to the Court of Queen’s Bench.

You can not appeal simply because you disagree with the decision of the Court. You should only appeal if you are seeking a different decision because of:

1. an error about the facts surrounding your action; and/or 
2. an error in how the law was applied in your action.

I want to file a Notice of Appeal, what do I do?

The process is as follows:

1. Within 30 days after Judgment is given:
   1. Complete the Notice of Appeal form and file it at the Provincial Court Office where the Judgment was given. The party who is appealing the decision is referred to as the Appellant and the opposing party is called the Respondent.
   2. Contact the Provincial Court Civil Clerks’ office to obtain details of when the trial was heard, for example: the date, courtroom number, times and the name of the Judge who gave the decision.  You will require this information when filing the Notice of Appeal.
   3. Order a transcript of evidence. You must pay for the transcript in advance. You will receive a receipt for payment of the transcript. If you are successful on your appeal you may be able to recover these expenses.
   4. Serve the Notice of Appeal on all the Respondents. The Notice of Appeal must be served personally, by recorded mail, or as directed by the Court of Queen’s Bench.
2. Within 37 days after Judgment is given;
   1. File a copy of the Notice of Appeal, copy of the transcript order or invoice showing receipt of payment, and a completed Affidavit of Service proving that the Notice of Appeal has been served on all the Respondents. These documents should be filed at the Court of Queen’s Bench in the same judicial district that issued the Judgment in Provincial Court.
3. Within 3 months of the date that the Notice of Appeal is filed in the Court of Queen's Bench;
   1. File the original transcript at the Court of Queen’s Bench.
   2. Serve copies of the transcript on all Respondent(s) and any other person(s) that the Court of Queen's Bench directs; and
   3. File the Affidavit(s) of Service proving that the transcript has been served on all Respondent(s) and any other person(s) as directed.

When the Notice of Appeal is filed in the Court of Queen’s Bench, it operates as a stay of proceedings. This means that the Judgment cannot be enforced until the outcome of the Appeal is decided.

Once the transcript has been filed, the Court of Queen's Bench clerk’s office will send out notice of the date hearing date which will be set on the next available date.

If the Appellant does not file the transcript within 3 months, the Appeal will be dismissed.

Remember to keep the Court of Queen's Bench clerk's office informed of any change of address for you or the Respondent because missing information may delay the hearing of the Appeal.

Remember: The appeal heard in Court of Queen’s Bench is only on the record that was before the Court in Provincial Court Civil.  If you want to introduce new evidence it is recommended that you speak to someone in Court of Queen’s Bench.

For information and instructions review the Notice of Appeal form.

Is there a fee to file a Notice of Appeal?

No, but before an Appeal will be scheduled for a hearing in Court of Queen’s Bench you must pay for the transcript of the hearing in Provincial Court.

Are there any resources available to assist me?