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Civil Appeal Handbook

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The classic guide to BC appellate court practice

This publication is essential for: lawyers and support teams needing direction on civil appeal procedure in BC

The Civil Appeal Handbook is your comprehensive companion to civil appellate law, practice, and procedure in BC. Kayla Strong, Caitlin Ohama-Darcus, and Tom A. Posyniak have thoroughly researched many hundreds of cases on appellate practice to create this definitive resource supported by ample references to statutes, case law, and academia. You will be confident in dealing with all appellate issues, from the BC Court of Appeal’s jurisdiction through to issues arising post-hearing.

With this resource, you will be able to:

  • plan an appeal strategy after reviewing your client’s situation
  • understand the nuances of appellate court procedure
  • identify opportunities for persuasive advocacy during the appeal process
Civil Appeal Handbook

Read a sample from the book

Features and Highlights

Highlights of the 2025 update:

Highlights of the 2025 Update include a new foreword written by the Honourable Leonard Marchand, Chief Justice of the BC Court of Appeal, as well as:

  • case law, legislation and discussion brought current to February 1, 2025, including the addition of over 100 cases, including Stagewest Winery Limited Partnership (Re), Lac La Ronge Indian Band v. British Columbia, Ontario (Attorney General) v. Restoule, Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., Grace Mtn. Land Company, Ltd. v. 1055249 B.C. Ltd., and TELUS Communications Inc. v. Telecommunications Workers Union
  • new section on the standard of review for second level appeals, and expanded discussion regarding questions of discretion
  • additional discussion of the principles and practices that counsel should follow when unsure whether leave to appeal is required
  • new section on anonymization orders
  • revised discussion of who is a proper party and who may intervene in an appeal

Contributors

Authors
Caitlin Ohama-Darcus — Murphy Battista LLP, Vancouver
Tom A. Posyniak — Fasken Martineau DuMoulin LLP, Vancouver
Kayla Strong — Nathanson Schachter & Thompson LLP, Vancouver

Table of Contents

Chapters

1. Jurisdiction of the Court of Appeal

2. Standards of Review

3. Leave to Appeal

4. Commencing the Appeal and Prehearing Procedure

5. Relief Pending Appeal

6. Hearing and New Matters Arising on Appeal

7. Post-hearing Matters

Forms

Tables
Case Table
Statutes and Related Material Table
Index

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