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British Columbia Court of Appeal allowed an appeal and cross-appeal by consent after hearing the appeal where there was no indication of impropriety or concern that allowing the appeal by consent would bring the administration of justice into disrepute

British Columbia

,

Canada

Appeal and cross appeal allowed by consent after being argued before a division In Kubota v. Kubota, 2022 BCCA 41, the father appealed an order dismissing his application to vary spousal support. The mother cross-appealed the orders determining child support and costs. After the hearing of the appeal and the cross-appeal, the parties sought an order that the appeal and the cross-appeal be allowed by consent.The Court of Appeal found that while it is rare to allow an appeal by consent, there is precedent for it. An appeal can be allowed by consent if doing so will benefit both parties and if there is no concern that allowing the appeal by consent will bring the administration of justice into disrepute.In the circumstances of this appeal, both parties were represented by experienced counsel and there was no indication of impropriety. The Court determined that there was no need for it to assess the merits of the appeal and cross-appeal.

April 14, 2022
Kubota v. Kubota, 2022 BCCA 41