Appeal to appellate court
21 (1) Subject to subsections (2) and (3), an appeal lies to the appellate court from any judgment or order, whether final or interim, rendered or made by a court under this Act.
Restriction on divorce appeals
(2) No appeal lies from a judgment granting a divorce on or after the day on which the divorce takes effect.
Restriction on order appeals
(3) No appeal lies from an order made under this Act more than thirty days after the day on which the order was made.
Extension
(4) An appellate court or a judge thereof may, on special grounds, either before or after the expiration of the time fixed by subsection (3) for instituting an appeal, by order extend that time.
Powers of appellate court
(5) The appellate court may
-
- (a) dismiss the appeal; or
- (b) allow the appeal and
- (i) render the judgment or make the order that ought to have been rendered or made, including such order or such further or other order as it deems just, or
- (ii) order a new hearing where it deems it necessary to do so to correct a substantial wrong or miscarriage of justice.
Procedure on appeals
(6) Except as otherwise provided by this Act or the rules or regulations, an appeal under this section shall be asserted, heard and decided according to the ordinary procedure governing appeals to the appellate court from the court rendering the judgment or making the order being appealed.
AP Commentary: An appeal as of right can be made from any Order under the Divorce Act.