Appeals

Question 1

Which two options can permission to appeal be sought from?

Answer 1

1. Court in which the decision was made
2. Court in which the appeal will be taken

Question 2

What are two possible grounds for appeal?

Answer 2

Decision is:

1. Wrong in fact, law, or exercise of court’s discretion
2. Unjust because of serious procedural or other irregularity

Question 3

How many days from the time the decision is handed down does a party have to request permission to appeal?

Answer 3

21 days

Question 4

What can a party do if they don’t seek permission within the 21 day time limit?

Answer 4

Make an application to the Court of Appeal for retrospective permission

Question 5

Can an application for appeal be made orally immediately after judgement?

Answer 5

Yes

Question 6

What 4 items must a party who wishes to appeal send to the court?

Answer 6

1. Appeal form
2. Copy of sealed order
3. Subject of appeal
4. Application notice

Question 7

An appeal hearing is limited to a _____ of the decision of the lower court

Answer 7

review

Question 8

In an appeal hearing, can a party rely on evidence that was not available at the original hearing without permission?

Answer 8

No

Question 9

What is a rolled-up hearing?

Answer 9

A hearing which determines the application for permission and if approved, considers the appeal in the same hearing