Appeal against a protection from harassment decision by a judge

Appeal against a judge's decision for protection from harassment

Judges in the Protection from Harassment Court (PHC) are in charge of hearings.

A party who is not satisfied with a judgment, order or decision by a PHC judge may file an appeal to the General Division of the High Court.

The process depends on when the matter commenced and the type of proceeding:

Simplified proceedings: how to appeal

For cases under the simplified proceedings, you will first need to apply for leave or permission to appeal before filing a Notice of Appeal.

Apply for leave or permission to appeal (simplified proceedings)

Key facts

Refer to the following on how you can apply for leave or permission to appeal.

What you will need

You will need to provide the following information:

• The claim number.
• The order date.
• Details and grounds (reasons) for the appeal.
• (If any) Supporting documents, as PDF files. Find out how to prepare such documents in the required format.

How to apply for leave or permission to appeal

Log in to CJTS. Under the Online Applications tab, select PHC, then select Application for Leave to Appeal/Permission to Appeal. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3366 KB).

You will need to serve the notice of the application on the other party within 7 days after the date on which the application is filed.

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

• Leave a copy of the document with that person.
• 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 other party must attend the scheduled hearing.

If the court grants you leave or permission, you may file a Notice of Appeal to the General Division of the High Court within 7 days after the date on which leave or permission was given.

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