Appeals

As a general rule, appeals from the Supreme Court General Division or Family Division are made to the Newfoundland and Labrador Court of Appeal. The Court of Appeal is located at 287 Duckworth Street in St. John’s.

The procedure in an appeal hearing is different from a hearing or trial in Supreme Court General or Family Division. Normally, three judges sit on an appeal. The Court of Appeal does not normally hear witnesses. New evidence is rarely considered by the Court of Appeal.

It is important to remember that there are time limits for making appeals. Time limits for appealing your case in Supreme Court depends on the type of decision you are appealing you are appealing from. The information below may help you determine the amount of time you have to appeal your case.

Final Orders

Usually, appellants must appeal the final order of the Supreme Court within 30 days after the formal order of the lower court has been filed. If no formal order has been filed, you should contact the lower court to ensure this is done.
Interlocutory Decisions (i.e. an order made prior to or during the course of a trial or hearing which does not finally dispose of the matter being heard at the trial or hearing),

An appeal of an interlocutory decision must be filed within ten days from the date the formal order was filed by the Court which made the order. However, anyone who wants to appeal an interlocutory decision must first seek leave (i.e. permission) from the Court of Appeal to pursue the appeal. Therefore, you must file an application for leave to appeal within ten days from the date the formal order was filed.

If you do not know whether the order you want to appeal is final or interlocutory, you should contact the court which made the order as soon as possible so you can ask what type of order it is.

Award of Costs (Costs are money spent to carry out or defend an appeal which a party is allowed to recover from the other side. The unsuccessful party is usually ordered to pay part of the expenses associated with the successful party’s court case)

An appeal regarding costs must be filed within ten days from the date the formal order was filed. However, you must first seek leave (i.e. permission) from the Court of Appeal to appeal an award of costs. Therefore, you must file an application for leave to appeal within 10 days from the date the formal order was filed.

If you lose the appeal, the Court of Appeal may order you to pay costs to the other party. Costs are money spent to carry out or defend an appeal which a party is allowed to recover from the other side. The unsuccessful party is usually ordered to pay part of the expenses associated with the successful party’s court case.

There are various required documents which must be filed with the Court of Appeal if you are pursuing an appeal. Please visit the Court of Appeal’s website and/or contact the Court of Appeal’s Registry located at 287 Duckworth Street to get more information.