What is the proper way of dealing with a cross-appeal?

British Columbia, Canada


The following excerpt is from Vancouver City Savings Credit Union In Trust v. Cawker, 2004 BCCA 160 (CanLII):

The trial judge did not err on any of the grounds alleged by the respondents in their cross-appeal. Normally, that would result in a dismissal of the cross-appeal. Strictly speaking, however, the cross-appeal was unnecessary. An appeal is from the order of the trial judge, not his reasons for judgment. The respondent to an appeal may seek to uphold the order on any of the grounds on which it was made, including, as in this case, challenging his conclusions on some of the issues raised at trial. A successful argument by the respondent on any of those grounds would result in a dismissal of the appeal. The proper manner of dealing with the respondents’ cross-appeal in this case is to quash it (see Steiber v. Canada (Attorney General), 2004 BCCA 44 at paras. 5, 34). Disposition

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