Appeals

Sometimes a Provincial Court judge or judicial justice makes a decision that a litigant (a person who is a party in a court case) believes is wrong.

The Chief Judge of the Provincial Court does not have the power to review or change the decision of another judge or a judicial justice, so the Chief Judge is not able to deal with complaints about the outcome of a case.

The process for correcting an error made by a judge or judicial justice, overturning a Provincial Court decision, or obtaining a new trial is usually to appeal (or in some cases, to ask for judicial review) in a higher court.

You appeal the decision of a Provincial Court judge or judicial justice to the BC Supreme Court in these types of cases:

• small claims
• family
• Criminal Code summary conviction offences (conviction and sentence appeals)
• traffic and bylaw

You appeal a conviction or sentence for a Criminal Code indictable offence to the BC Court of Appeal.

In some cases, judicial review of a Provincial Court decision is made in the BC Supreme Court, under the Judicial Review Procedure Act and the Supreme Court Rules.

For information on how to file an appeal or apply for judicial review:

consult a lawyer
• contact your local court registry
• visit the websites of the BC Supreme Court and BC Court of Appeal
• see these publications

How to appeal your conviction Legal Services Society
How to appeal your sentence Legal Services Society
Family Law in BC – Can you appeal an order? Legal Services Society
How do I appeal a Provincial Court Decision? JP Boyd on Family Law Wikibook
Appealing a small claims decision SmallClaimsBC.ca