How to Appeal a Court Decision in Ontario

An appeal is a formal request to a higher court to review a decision made by a lower court. Appeals in Ontario are governed by strict rules and timelines — missing a deadline can permanently bar your right to appeal.

Ontario's Court Structure for Appeals

• Small Claims Court decisions: Appealed to the Divisional Court (leave required if claim under $3,500)
• Ontario Court of Justice decisions: Appealed to the Superior Court of Justice
• Superior Court of Justice decisions: Appealed to the Court of Appeal for Ontario (leave required for interlocutory orders)
• Court of Appeal decisions: May be appealed to the Supreme Court of Canada (leave required)

Grounds for Appeal

Appeals are not a second chance to re-argue your case on the facts. Ontario's appellate courts typically review whether the trial judge made an error in:

• Law: Applying the wrong legal test, misinterpreting a statute, or failing to follow binding precedent
• Facts: Making a finding of fact that was "clearly wrong" — a high threshold
• Mixed law and fact: Applying the correct legal test to the wrong facts
• Procedural fairness: Denying a party a fair hearing

Appeal Timelines

Appeal deadlines in Ontario are strict:

• Civil appeals to Court of Appeal: 30 days from the order appealed from
• Small Claims appeals to Divisional Court: 30 days
• Interlocutory (procedural) orders: 7 days in some circumstances

Extensions of time can be granted but are not automatic and require a convincing explanation for the delay.

The Appeal Process

1. File a Notice of Appeal within the time limit
2. Order and pay for a transcript of the trial proceedings
3. Perfect the appeal by filing the appeal book (record of proceedings) and factum (written argument)
4. Attend oral argument before the appellate court
5. Receive the decision (often weeks to months later)

Costs on Appeal

Appeals are expensive. Legal fees for a Court of Appeal matter typically range from $15,000-$75,000 or more. The appellate court typically awards costs to the winning party. Before pursuing an appeal, get a frank assessment of the prospects — not all cases that were lost at trial have valid grounds of appeal.