Court of Appeal

The Court of Appeal is the highest court in the province. It hears appeals from the Supreme Court, from the Provincial Court on some criminal matters, and reviews and appeals from some administrative boards and tribunals.

The Court of Appeal is constituted by the Court of Appeal Act, R.S.B.C. 1996, c. 77. The Court of Appeal Act provides for a Chief Justice and 14 other justices, as well as for supernumerary justices. Thus, the Court of Appeal actually has more than 15 judges. The Chief Justice of British Columbia heads the Court of Appeal.

The Court of Appeal has a registrar who, in addition to other administrative duties, hears matters related to the settling of orders and bills of costs.

COVID-19 NOTICES AND ANNOUNCEMENTS


ANNOUNCEMENTS


August 24, 2021
FACE MASKS REQUIRED IN COURTHOUSES

Effective August 25, 2021, further to an order of the Provincial Health Officer (PHO), people attending courthouses in British Columbia are required to wear a face mask, including in entrances, lobbies, waiting areas, registries, hallways, stairways, restrooms and elevators. Please see the PHO order for exemptions.

A face mask must be worn in a manner that covers your nose and mouth. If you do not have a face mask, Sheriffs will provide one when you enter the courthouse. 

In addition, people are required to wear a face mask in courtrooms unless the presiding judge, justice, master or registrar directs otherwise.

The Notice Regarding Modified Court of Appeal Procedures and Access to Court Proceedings during the COVID-19 Pandemic has been updated to reflect this change.  


August 20, 2021
UPDATES: ATTENDING APPEAL HEARINGS & NEW FILING REQUIREMENT

The Notice Regarding Court of Appeal Procedures and Access to Court Proceedings has been updated as follows:

  • To maintain physical distancing, the courtrooms where appeal proceedings or reviews take place can accommodate a maximum of six (6) counsel or self-represented parties at the counsel tables, and the courtrooms where chambers proceedings take place can accommodate a maximum of four (4) counsel or self-represented parties at the counsel tables. If more counsel or self-represented parties will appear, the parties are directed to decide who will appear via video conference and inform the Court of their choice by submitting the Request to Appear Remotely on the applicable timelines.
  • For appeal hearings where one or more parties appear by video conference, a video link will be posted to the Court’s weekly hearing list. This means that members of the public will have the option of observing some appeal hearings remotely by clicking on the video link provided.  For any hearing, whether in person or a combination of in-person or videoconference, the public may also attend in-person, recognizing there are still limited physically-distanced spaces in the gallery.                      

The Notice Regarding Modified Filing Directions for Civil and Criminal Appeals has been updated as follows:

  • Beginning with appeals scheduled to be heard on 1 November 2021, the Court will require parties to provide the Court with (3) paper copies of any appeal record, factum(s), or statement(s) previously e-filed six (6) weeks before the hearing of their appeal.



August 6, 2021
COURT OF APPEAL CLOSURE – September 30, 2021

The Court of Appeal will be closed on September 30, 2021 in recognition of the National Day for Truth and Reconciliation. The Court of Appeal registry will contact those with court appearances scheduled for September 30.


June 30, 2021
UPDATED NOTICES AND CHANGES TO MODIFIED PROCEDURES

In response to changing pandemic conditions and public feedback, the Court of Appeal has made the following changes in its COVID-19 Notices:

1. Hearings will take place in courtrooms

  • Beginning July 12, 2021, appeal hearings and chambers proceedings will take place in person in the courtroom, unless parties apply or elect to appear remotely.

2. Parties may apply for permission or elect to appear remotely

  • For appeals, a party may seek the Court’s permission to appear by video conference by filing a Request to Appear Remotely at least ten (10) business days before the appeal hearing. There are no teleconference appearances for appeals.
  • For chambers proceedings, a party may elect to appear remotely by video or teleconference by checking a box on the Request to Appear Remotely and filing the completed form together with their notice of motion, or, if they are responding to the application, at least two (2) business days before the hearing.

3. Lawyers should gown

  • Lawyers should gown for appeal hearings whether they are appearing in person or by video. This change will ensure consistency in presentation when some parties appear in the courtroom and others appear by video.

4. Attend the courtroom in person to observe hearings

  • As all hearings return to the courtroom, including where one or more parties appear by video conference, the Court’s weekly hearing list will include Zoom links only when a party has requested to appear remotely (see announcement of 20 August 2021 above). Observers should check the weekly hearing list and attend the courtroom in person. Physical distancing and facemask requirements in courtrooms remain in effect.
  • The Court understands that providing video links to Zoom proceedings during the pandemic made appeal hearings easier to access and will be considering accessibility to court proceedings on an ongoing basis. Media continue to have the option of requesting remote access to digital audio recordings of court proceedings.

5. Filing directions for condensed books and authorities clarified

6. COVID-19 Overview of the Appeal Process Flowchart updated

  • Footnotes added to the appeal process flowchart have been updated to reflect the new procedural steps detailed in the Court’s COVID-19 Notices.

 

 

(Announcements Archive)

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