Q: my ex is appealing our divorce because he doesn't like the outcome. Can he do that?

A: The BC Court of Appeal is a safety net in case where the lower court makes a mistake in law or fact. Most family law decisions can be appealed to the BCCA automatically, but you can make an application for leave to file an appeal where the type of appeal is not automatic, such as an appeal of a chambers decision. Appeals are hard to do and can attract costs to the losing party. There are two types of common mistakes: an error in fact and an error in fact. A mistake in law is where the judge failed to apply the proper legal test. An error in fact is where the judge misunderstood the evidence to a level where the error was obvious and would have changed the outcome. The court of appeal regularly gives deference to the trial judge in family law cases. If there is a material change in circumstance since the trial decision was made, you may be better to pursue a variation than an appeal.



*Any guidance provided is not covered by solicitor client privilege, nor is it taking into consideration all of the facts of your matter beyond those in the question. The legal information is specific to British Columbia Law. If you want a more thorough and case-specific analysis of your legal matter please CONTACT US to arrange a consultation.