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This page covers appeals against a decision by a deputy registrar in a protection from harassment case. Find out more about appealing against a decision by a judge.

If you missed a court session and an order was made in your absence, you cannot file an appeal. You may apply to set aside the order instead.

Appeal against a deputy registrar's decision for protection from harassment

Deputy registrars in the Protection from Harassment Court (PHC) are in charge of the following court sessions:

  • Simplified proceedings: case management conferences.
  • Standard proceedings: pre-trial conferences.

A party who is not satisfied with a judgment, order or decision by a PHC deputy registrar may file an appeal within the following timelines:

  • Simplified proceedings: within 7 days after the date of the order.
  • Standard proceedings: within 14 days after the date of the order.

How you file depends on whether your case is under the simplified or standard proceedings.

Key facts

Refer to the following on how you can appeal under the simplified proceedings.

When to file

Within 7 days after the date of the order by a deputy registrar.

Who will hear the appeal

A PHC judge.

Estimated fees

$100 to file a Notice of Appeal.

How to file

Through the Community Justice and Tribunals System (CJTS).

If you file the appeal, you are the appellant. The other party is the respondent.

What you will need

You will need to provide the following information:

How to appeal

You will need to follow these steps to file and serve an appeal against an order made by a deputy registrar.

Step

Result

1. File the application

Your application is filed in the PHC.

2.Serve the application

You inform the other party of your application.

1. File the application

When: within 7 days after the deputy registrar's order

Log in to CJTS. Under the Online Applications tab, select PHC, then select Appeal Against Order of Registrar and follow the instructions. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3358 KB).

2. Serve the application

When: within 7 days after the date of filing the Notice of Appeal

You will need to serve a copy of the Notice of Appeal on the other party. This informs them of your application and the court proceeding that they must attend.

You can serve in one or more of the following ways if you know the party’s proper address:

  • Leave with that person a copy of the document.
  • Post a copy of the document on the front door of that person's proper address.
  • Send a copy of that document by registered post to that person's proper address.

Note:

  • If you wish to serve in other ways, you must file an application to the court.
  • If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.

Key facts

Refer to the following on how you can appeal.

When to file

Within 14 days after the date of the order by a deputy registrar.

Who will hear the appeal

A PHC judge.

Estimated fees

Refer to this table for the list of fees.

How to file

Through eLitigation.

If you file the appeal, you are the appellant. The other party is the respondent.

What you will need

You will need to prepare a Notice of Appeal (Form 112, Rules of Court).

Estimated fees

The estimated filing fees include:

Item or service

Fees

File the Notice of Appeal

$100

Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.

How to appeal

You will need to follow these steps to file and serve an appeal against an order made by a deputy registrar.

Step

Result

1. File the application

Your application is filed in the PHC.

2. Collect the endorsed documents

You receive a copy of the document that has been endorsed by the PHC.

3. Serve the application on the other party

You inform the other party of your application.

1. File the application

When: within 14 days after the deputy registrar's order

File the Notice of Appeal (Form 112, Rules of Court) through eLitigation. You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.

If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file in person.

2. Collect the endorsed documents

The Service Bureau will notify you via email or SMS of the outcome of your application.

If the court accepts your application document, you will be asked to return to the Service Bureau to collect an endorsed version of the Notice of Appeal. This will include the date and time of a hearing that you and the other party must attend.

3. Serve the application on the other party

When: within 7 days after the date of issue of the Notice of Appeal

You will need to serve a copy of the endorsed documents on the other party. This informs them of your application and the court proceeding that they must attend.

You can serve in one or more of the following ways if you know the party’s proper address:

  • Leave with that person a copy of the document.
  • Post a copy of the document on the front door of that person's proper address.
  • Send a copy of that document by registered post to that person's proper address.

Note:

  • If you wish to serve in other ways, you must file an application to the court.
  • If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.

After you file

Both you and the respondent must attend a hearing with a PHC judge, who will decide whether to allow or dismiss your appeal.

As the appellant, if you are absent, your appeal may be dismissed.

Outcomes of the appeal

There are 2 possible outcomes:

If your appeal is allowed

You get some or all of the changes you asked for, either in full or in part. The court may vary or overrule the original court's decision, or make a new order.

If your appeal is dismissed

There are no changes to the original court's decision.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Go to Step-by-step guide

Step-by-step guide

2021/07/23

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