Civil Appeal Handbook

The classic guide to appellate court practice

This publication is essential for: every lawyer engaged in a civil appeal in British Columbia.

Current to: September 12, 2014

Holly Brinton's Civil Appeal Handbook is the only comprehensive guide to appellate court practice in British Columbia. The author has exhaustively researched the many hundreds of cases on civil appellate procedure, and has created a practice-oriented and accessible resource packed with over 700 pages of information. The Handbook is an easy-to-read guide that takes you step by step through the entire appellate process, clarifying difficult areas and providing succinct answers to issues that frequently arise.

With its definitive coverage of the Court of Appeal procedures and relevant, recent court authorities, the book is a must-have reference tool for every lawyer who does appellate work in British Columbia. The book is updated regularly, and subscriptions include online access with search capability and links to the full text of case law and legislation, and forms and precedents on CD-ROM.

ONLINE ONLY annual subscriptions are available. Subscribe now.

Highlights of the 2014 update

• new BCCA decisions throughout (e.g., on standing, leave to appeal, powers of a single justice, power to order security, adjournments, stays of proceedings, applications for rehearing, raising new issues on appeal, and costs orders)
• several new SCC decisions (e.g., on appellate courts raising new grounds of appeal, review of discretionary orders, standard of review of other types of orders)
• all other practice developments, including amendments to the Court of Appeal Rules, and updated court directives on submitting electronic factums and judicial settlement conferences
• all features of the Handbook are current to September 12, 2014

CLEBC Legal Editor
Jonathan Vogt
jvogt@cle.bc.ca

Chapters

1. Jurisdiction of the Court of Appeal
Including the following topics: structure of the Court of Appeal; right to appeal; and original and inherent jurisdiction of the Court.

2. Standards of Review
Including standards of review; review of error of law; review of exercise of discretion; review of findings of fact; and review of jury verdicts.

3. Leave to Appeal
Including requirements for leave to appeal; examples of orders from which leave may be sought; and review of decisions denying leave.

4. Commencing the Appeal and Prehearing Procedure
Including commencing the appeal; parties to the appeal preparation for hearing; and time limits and extensions.

5. Relief Pending Appeal
Including stay of proceedings; examples of different types of stays; terms of stays; security for costs; and other powers of a single justice.

6. The Hearing and New Matters Arising on Appeal
Including the hearing of the appeal; fresh evidence; new issues on appeal; and amendments to pleadings.

7. Post-Hearing Matters
Including matters arising after hearing; judgments and orders; and jurisdiction of the Court pending appeals to the Supreme Court of Canada.

Court of Appeal Act

Court of Appeal Rules

Forms

Civil Practice Directives and Practice Notes

Case Table

Statute Table

Index

Features

• specific focus on BC law—includes current court rules, forms, and practice directives, as well as hundreds of relevant case authorities
• complete—over 700 pages in a convenient looseleaf format with tabs
• current—all the latest developments including legislation, court rules and court decisions—with regular updates
• online access—access to electronic version with hyperlinks to primary law

Author
Holly A. Brinton — Fasken Martineau DuMoulin LLP, Vancouver

About the author
Holly Brinton is Associate Counsel with Fasken Martineau DuMoulin LLP, Vancouver. She received her Bachelor of Laws from the University of British Columbia and was a law clerk at the BC Court of Appeal before articling at a predecessor firm of Fasken Martineau. She was called to the BC Bar in 1986. Holly conducts and supervises legal research and prepares opinions and arguments, with particular emphasis on appeals to the Court of Appeal and Supreme Court of Canada.