South Surrey and White Rock family lawyer, Lorne MacLean, Q.C. heads our White Rock Family Appeal Lawyers appellate advocacy department. MacLean has an enviable record of success in the BC Court of Appeal and the Supreme Court of Canada and over 30 years of experience on complex high net worth family law and family law appeal cases.
White Rock Family Law Appeals Lawyer Lorne MacLean, Q.C. can be reached at our South Surrey White Rock office at 604 576 5400.
Mr. MacLean recently won a huge BC family law appeal case where he increased child support, nearly tripled a spousal support award and established new law that decided a stockbroker’s book of business is divisible family property after taking over a case the client had lost at trial.
What White Rock Family Appeal Lawyers Must Do To Win An Appeal
The standard to win on appeal for White Rock Family Appeal Lawyers is a high one in that a party who loses at trial must show an error of law and/or satisfy the BC Appeal court the lower court judge was clearly wrong.
White Rock Family Appeal Lawyers Explain Appeal Extensions
South Surrey and White Rock family law appeals are tricky and tight deadlines apply so it is critical that if you are dissatisfied with a judgment you meet with Lorne MacLean, Q.C. immediately. The Court can extend the tight deadlines you must meet to file your appeal but you cannot count on getting an extension.
The recent BC Court of Appeal case of Vetrici v. Vetrici, sets out what White Rock Family Appeal Lawyers must prove to get an extension for a client who failed to comply with the Appeal deadlines.
An appellant father in a family child custody case applied for orders extending the time to file and serve the appeal record and transcript because he failed to comply with the court deadlines. The appeal was removed from the inactive list and an extension was granted because the following test was met:
The criteria to be considered on such an application are set out in Davies v. C.I.B.C. (1987), 15 B.C.L.R. (2d) 256 at 259-260 (C.A.):
(a) whether there was a bona fide intention to appeal;
(b) when the respondent was informed of that intention;
(c) whether the respondent would be unduly prejudiced by an extension of time;
(d) whether there is merit in the appeal; and
(e) whether it is in the interest of justice that an extension be granted.
The final criterion encompasses the other four.
Ideally, you hire a skilled lawyer who settles your case on favourable terms and failing that you hire a seasoned lawyer who wins you family law case at trial. If you are responding to an appeal or are dissatisfied with the trial result call us for an opinion on what steps you should take. White Rock Family Law Appeals Lawyer Lorne MacLean, Q.C. is ready to help.
Call MacLean at 604 576 5400.
