Litigation and Dispute Resolution Guide

as 1% above the rate for pre-judgment interest, dated on the end of the first day of the last monthof the quarter preceding the quarter when the judgment was given. In Alberta, the pre- and postjudgmentinterest rates are the same. Published tables are available showing the applicable ratesof post-judgment interest for each province at a specified date. If a partial payment is made bythe judgment debtor, it will first be applied to pay off outstanding interest.Note that for foreign money judgments in British Columbia, the post-judgment interest rate willbe calculated based on the foreign prime rate, in other words, the interest rate in the foreigncountry that is most closely analogous to the prime lending rate of the Bank of Canada.1.11 Appeals1.11.1 Availability of AppealsIn most cases, there will be an automatic right to appeal a trial decision to a higher court, such asa provincial Court of Appeal. In some cases, often in respect of interlocutory orders that do notfinally determine the case or in matters where the amount in issue is relatively small, a party mayhave to get leave (that is, permission) to appeal to a higher court. Recent amendments to theBritish Columbia Court of Appeal Act remove any uncertainty in determining what is or is not aninterlocutory order, by listing all “limited appeal orders”, from which leave is required to appeal,in the British Columbia Court of Appeal Rules.The deadline for filing a notice of appeal or a motion for leave to appeal differs from province toprovince and depending on the type of case. Generally, the deadlines vary from 15 to 60 days.Decisions from administrative tribunals, such as the Competition Tribunal or a SecuritiesCommission, are often subject to judicial review by a court, or appeal to a court. The availabilityof judicial review or an appeal will depend upon the provisions of legislation empowering theparticular administrative tribunal. In some cases, arbitration decisions are also subject to reviewor appeal to a court.Every province has a Court of Appeal which is the highest court in that province. A decision of aprovincial Court of Appeal may be appealed to the Supreme Court of Canada which is thehighest court in Canada. The Supreme Court is the last judicial resort of all litigants. It hasjurisdiction over the civil law of Quebec and the common law of the other nine provinces andthree territories, and it can hear cases in all areas of the law.In most cases, a party will not be allowed to appeal to the Supreme Court of Canada withoutobtaining permission from the Supreme Court. An application for leave may be granted when theSupreme Court finds that the case raises an issue of public importance that ought to be decidedby the Supreme Court. This means that the case must raise an issue that goes beyond theimmediate interest of the parties to the case. The Supreme Court receives as many 600applications for leave each year, and leave to appeal is only granted to approximately 70 casesper year. Applications for leave are usually decided by a panel of three judges of the court.BLAKE, CASSELS & GRAYDON LLP Page 35