How to Appeal BC Court of Appeal Family Law Decisions to the Supreme Court of Canada
When a family law matter has gone through the BC Supreme Court and the BC Court of Appeal, you may wonder whether it’s possible to take your case even higher. In Canada, the Supreme Court of Canada (SCC) is the country’s highest court, and in exceptional circumstances, it can review decisions made by provincial appellate courts, including family law cases.
This guide explains how appeals to the Supreme Court of Canada work for BC family law cases, what the process involves, and why legal guidance is essential.
When Can You Appeal to the Supreme Court of Canada?
Not every case from the BC Court of Appeal can be heard by the Supreme Court of Canada. The SCC only hears appeals in cases that involve:
National importance or issues affecting the law across Canada.
Significant legal questions rather than disputes purely about facts.
Situations where there is inconsistency in legal interpretation between provinces.
In family law, this usually applies to matters where:
There is a question of federal law, such as the Divorce Act.
There is a constitutional issue or a question of law with broad implications.
The BC Court of Appeal may have applied the law incorrectly in a way that could affect other cases across Canada.
Important: The SCC generally does not reconsider factual findings from the trial or appellate courts. Your appeal must focus on legal errors or issues of national importance.
Examples of Family Law Cases That Might Go to the Supreme Court of Canada
Because the SCC only hears appeals involving important legal questions, here are some examples where a BC Court of Appeal decision could be appealed:
Divorce and Spousal Support under the Divorce Act
Example: A BC Court of Appeal ruling interpreted the Divorce Act incorrectly when calculating spousal support for a long-term marriage. You believe the law requires a different approach that could affect other families across Canada.
Child Custody and Parenting Law
Example: The Court of Appeal made a decision on parenting arrangements that you think misapplied national principles of the “best interests of the child,” creating a legal precedent that might affect future cases in multiple provinces.
Property Division in Family Law
Example: A BC Court of Appeal interpreted the Family Law Act in a way that limits how property acquired during the marriage can be divided. You want the Supreme Court to clarify the law for all provinces with similar legislation.
Step 1: Apply for Leave to Appeal
Almost all appeals to the Supreme Court of Canada require permission, known as leave to appeal. You cannot simply request a hearing without this step.
To apply for leave:
File an Application for Leave to Appeal with the SCC registry.
Include a clear explanation of:
The legal question your case raises,
Why the question is of public or national importance, and
How the lower courts erred in applying the law.
Submit relevant court documents from the BC Court of Appeal, including the judgment and reasons.
The SCC receives thousands of leave applications each year but hears only a small percentage—usually about 5–10% of all applications.
Step 2: Serve and File Your Application
Serve the Application for Leave to Appeal on the other party.
File all required documents with the SCC registry, including any factums (written legal arguments).
Ensure compliance with strict deadlines and formatting rules in the Supreme Court Rules.
Failure to comply with procedural requirements may result in your application being rejected without consideration.
Step 3: Wait for the SCC’s Decision on Leave
The Supreme Court of Canada will review your application for leave. There are three possible outcomes:
Leave granted – Your appeal will proceed to a full hearing before the Supreme Court.
Leave refused – The Court will not hear your appeal, and the BC Court of Appeal decision stands.
Adjourned or referred – Rarely, the Court may ask for further submissions before deciding whether to grant leave.
Tip: Only about 1 in 10 applications for leave is accepted. The focus must be on legal questions of broad significance, not personal dissatisfaction with the outcome.
Step 4: Full Hearing Before the Supreme Court of Canada
If leave is granted:
Both parties submit factums that outline legal arguments.
A hearing date is scheduled, usually in Ottawa, before nine Supreme Court justices.
Oral arguments typically last 1–2 hours per side.
The Court may issue a judgment immediately, or reserve judgment to a later date.
The Supreme Court may:
Uphold the BC Court of Appeal decision,
Overturn it, or
Send the case back to the lower courts with instructions.
Key Considerations
Focus on legal issues – The SCC does not re-examine evidence or factual findings.
Strict timelines – Deadlines for filing leave applications and supporting materials are critical.
Costs – Appealing to the SCC can be expensive, so it’s usually pursued only in cases with a strong legal foundation.
Legal expertise is essential – Navigating the SCC’s rules and preparing persuasive legal arguments requires specialized knowledge.
Why You Need a Lawyer Experienced with Supreme Court Appeals
Appealing to the Supreme Court of Canada is complex and highly specialized. At Illuma Law, our lawyers have experience guiding clients through appellate and Supreme Court processes. We can:
Assess whether your case has a viable ground for appeal,
Prepare and file your Application for Leave,
Draft persuasive factums, and
Represent you at oral hearings before the Court.
Our goal is to make a challenging process manageable while protecting your rights and interests.
Contact Illuma Law
If you are considering appealing a BC Court of Appeal family law decision to the Supreme Court of Canada, contact Illuma Law today. We offer initial consultations to discuss your case and evaluate the prospects of a Supreme Court appeal - Contact Us.
