Exorbitant Transcript Fees Jeopardize Appeal in B.C. Religious Divorce Case
A divorced Jewish man in British Columbia, who was compelled by the B.C. Supreme Court to grant his wife a religious divorce, now faces the potential abandonment of his appeal due to prohibitive court transcript costs. The individual, identified as Y.S., argues that his religious rights under Canada's Charter of Rights and Freedoms were violated, but the B.C. Court of Appeal has ruled he must still pay $14,000 for a partial transcript to proceed.
Financial Barrier Renders Appeal "Illusory"
In a recent decision, court registrar Timothy Outerbridge acknowledged that the cost of obtaining transcripts could defeat Y.S.'s appeal, citing historical judgments that describe such expenses as making the right of appeal "illusory" for many litigants. Outerbridge noted that while the court has attempted to reduce the transcript size in this case, evidence from the trial is essential for the judges to evaluate the proposed Charter argument.
Outerbridge referenced a 2025 ruling that emphasized how manual transcription costs remain a "very real barrier" to advancing appeals, underscoring the ongoing financial challenges faced by individuals seeking justice through the appellate system.
Background of the Religious Divorce Dispute
Y.S. and his ex-wife, L.C., were married in a Jewish ceremony in 2009 and separated approximately a decade later. Following a 2023 B.C. Supreme Court trial, a civil divorce was granted, addressing child and spousal support, parenting time, and property division. The trial judge also addressed the issue of the "get," a Jewish religious divorce that requires the husband's voluntary participation before three rabbis.
Under Jewish law, if a husband refuses to grant the get, the wife remains married religiously, cannot remarry, and any children from a subsequent civil marriage are considered illegitimate. The Supreme Court judge ordered Y.S. to attend a rabbinical court, but he initially stated he was not participating voluntarily, leading to a contempt of court finding, fines, and a subsequent order to comply. After Y.S. voluntarily attended a second hearing, the get was granted.
Appeal and Cross-Appeal Dynamics
Several months after the religious divorce was finalized, Y.S. filed an appeal challenging the court's order on religious grounds. In response, L.C. filed a cross-appeal seeking retroactive support payments and basic child support, adding another layer of complexity to the legal proceedings.
The case highlights a critical intersection of religious freedoms, legal obligations, and access to justice, with the high cost of transcripts posing a significant obstacle for individuals like Y.S. who seek to uphold their Charter rights through the appellate process.
