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An order made by a master may be appealed to a justice of the Court of Queen's Bench sitting in chambers. The appeal is a hearing de novo, meaning that new affidavits and transcripts of cross-examinations on affidavits may be filed, and the decision of the master does not fetter the decision that may be made by the justice.
An order made by a justice in chambers may be appealed to a panel of three judges of the Court of Appeal on the grounds that the justice made an error in applying a principle of law or did not properly consider relevant factors. The Court of Appeal is usually reluctant to interfere with an order made by a justice in chambers on an interlocutory application.
A judgment rendered by a judge after trial may be appealed to a panel of three judges of the Court of Appeal on the grounds of error of law. An error of law can include a finding of fact that is not supported by the evidence. However, the Court of Appeal is usually reluctant to interfere with any findings of fact made by a trial judge.
The appellant must file and serve an appeal book containing the pleadings, the evidence that was before the justice in chambers (or the trial judge), and the decision under appeal. The appellant must also file a factum setting out the grounds of appeal and outlining the argument to be made at the hearing of the appeal. The respondent files a factum setting out the response to the appellant’s argument.
Most appeals can be argued in a day or less. However, there will usually be at least six months between the date of filing of the notice of appeal and the date of the hearing of the appeal (when the oral submissions are made).
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