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.
Deputy registrars in the Protection from Harassment Court (PHC) are in charge of the following court sessions:
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:
How you file depends on whether your case is under the simplified or standard proceedings.
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.
You will need to provide the following information:
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. |
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, 3366 KB).
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:
Note:
Refer to the following on how you can appeal under the standard proceedings.
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.
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.
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. |
When: within 14 days after the deputy registrar's order
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.
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.
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:
Note:
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.
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. |
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