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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-12-2015, 03:46 AM
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Default Can I Appeal after 30 days?

Hi,

Final judgement received few months ago. Didn't have a clue that orders could be appealed.

Fast forward three months, By chance , showed the final orders to a friend ( law clerk not family) and was advised that I should appeal it.

I had cited many caselaws in closing statement but none were referred to and most of the decisions were kind of biased towards the other party. Throughout All order judge speaks only of what the other party said and very minimal refers to my stance.

Question is, can I still appeal after the 30 days deadline?
And how expensive can it get?

If so, what's the procedure. I can't find much info online .

Thanks
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Old 10-12-2015, 06:17 AM
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My lawyer had told me it was very expensive to appeal. You have to hire an appeals lawyer and they require a $15,000 retainer. You can not use your family lawyer. Not sure but I don't believe you can appeal after the deadline . I thought you needed to appeal within a much shorter period of time than 30 days.
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Old 10-12-2015, 06:31 AM
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Let me put this into context for you.

Taking advice from a legal clerk would be like going to a dental receptionist to get a filling.

Chances are the judge did not refer to your caselaw simply because it was not relevant to your case. Judge may have found the other side made a more compelling argument.

No you cannot appeal 90 days later. Read up on in the Rules of Court regarding appeals. Yes it can be very expensive, especially as you would likely not be successful and be assessed costs (well over 5,000.00). Even if you decided you would like to try, your case may not meet the criteria to be accepted (Court of Appeal Cases must be approved before they are heard).

Going the route of court of appeal you have to be able to prove that the judge ruled incorrectly by error in law or for other acceptable reasons.

IF you are convinced that there is merit to appealing you should consult with a lawyer.

Keep in mind you cannot have a matter retried in court. res judicata:


Fundamental legal doctrine that, once a lawsuit is decided, the litigant parties are barred from raising the same issue again in the courts (unless material new evidence has become available). They are also barred from raising another issue arising from the same claim or transaction (or a series of claims or transactions) that could have been but was not raised in the decided suit. It is based on the principle that court cases cannot be allowed to go on for ever and must come to an end. Latin for, a thing adjudicated." businessdictionary.com



What basis did your "legal clerk" friend feel you had to appeal the decision well after the 30 days?

https://www.google.ca/webhp?sourceid...peal%20ontario

Last edited by arabian; 10-12-2015 at 06:40 AM.
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Old 10-14-2015, 12:42 AM
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Ur posts make sense. I guess appeal is a tough thing to get approval for.
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