Appeals: What is a Civil Appeal?

 The legal world is full of unusual terms that the average person does not use in everyday life. Some of those terms seem easy to understand at first, but quickly become a web of complicated procedures that are very hard to navigate through without the help of a Civil Litigation Lawyer Calgary

One of those moments when people wish that they had spoken with lawyers in Calgary before going to Court is when they are faced with the concept of appeals. It may seem easier: a way to present once again your arguments to the Court in hopes that it will change their decision. However, reality is not like that. Here are the basics of what you need to know about appeals before consulting a lawyer for further help.
















What Is an Appeal?

To begin this discussion, first we have to make it very clear that the instrument of appeals in Court is not a way of having your case re-heard or to just implore the judge to change their decision. It is a much more complex tool to have at hand than that. 

After you have your entire case exposed by the parties and analysed by the judge, there is going to be a final decision on the matter. Putting it simply, it can go three ways: either you win everything you wanted, lose everything, or a mix of both. Usually, people only think of appeals when they lose something that they really did not want to and disagree with the decision. 

In civil litigation, you have thirty days to appeal a decision. If time goes by and you do nothing, the Court will understand that you accept the terms and that you found nothing wrong with the entire process. But, if you think you can still make a case out of it, then it is time to first file an application to have permission to appeal. In Alberta, you cannot just jump straight to appeals, it must be approved by the court first. 

The explanation behind why you do not have a direct right to appeal is due to the nature of this next step in the lawsuit. Appeals are only meant to cover facts and law, and so if you are merely trying to have the judge reading and hearing everything all over again, your application will be denied to conserve the Court’s time and resources. 

What we mean by “facts and law” is quite simple: The former refers to the possibility of the judge misunderstanding a core point of the facts presented to them, or failing to consider all facts in the lawsuit; and the latter, on the other hand, refers to a confusion in the application, understanding or interpretation of the law. Either or both of those points must have happened in a way that impacted the Court’s judgement, thus unfairly affecting the final decision.

Do You Need a Lawyer?

You can, in fact, self-represent in Alberta’s Court of Appeals. However, it is highly unadvisable that you do so.

Not only the bulk of an appeal is related to specialised knowledge of the law, but you risk failing your entire case and every last opportunity that you had to change the decision in your favour if you do not do it right. A civil litigation lawyer will be able to explain to you if you have any grounds for appealing the decision and if it is worth it. Remember: choosing to continue with the lawsuit means spending more money with fees and dedicating more time to Court. 

It is also important to notice that any obligations that you have to comply with determined in the final decision of your case will still be valid while your appeal is being processed, and not having a lawyer in Calgary by your side during this period could mean being charged for not following legal orders. 

Do not risk, contact a lawyer as soon as possible. 


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