Appealing a Small Claims Court Decision
A Small Claims Court judgment is not always final, but appeals are limited, expensive compared with the claim and strictly timed. They are about legal mistakes, not about getting a second trial.
- Appeals from final Small Claims orders go to the Divisional Court, and only above a monetary threshold set by regulation, which has changed recently. Confirm the current amount.
- A notice of appeal must generally be served within 30 days of the order. Missing it can end your right to appeal.
- An appeal looks at errors of law or serious errors in the way the facts were treated. New evidence is rarely allowed.
- If you missed the trial, there may be a quicker route than an appeal.
Who can appeal and when
Only a final order can be appealed. The order has to meet the monetary threshold set by regulation, or be about property of that value. That threshold has been changed in recent years, so check the current figure on the Ontario government's site before you decide. Orders made along the way, such as on motions, generally cannot be appealed separately.
What an appeal is about
- The judge applied the wrong legal test or misunderstood the law.
- The reasons show a significant error in assessing the evidence.
- The procedure was unfair, for example a party was not allowed to respond to something important.
- An appeal is not a chance to bring a witness you forgot or to argue the facts again.
Steps and timing
- Note the date of the order and count the 30 days right away.
- Order the transcript or recording of the trial early, since it can take weeks.
- Serve a notice of appeal on the other side and file it, with the other documents the Divisional Court requires, within the time allowed.
- Prepare the appeal materials in the form required, usually a written argument and an appeal book or equivalent.
- Attend the appeal hearing, which is before a judge of the Divisional Court.
Costs and risks
An appeal costs filing fees, transcripts and preparation time. If you lose, you can be ordered to pay the other side's costs. Weigh these against the amount in dispute and the strength of the legal error you can point to.
If you missed the trial
If a trial went ahead without you, an appeal may not be the right tool. There can be a faster, cheaper step to ask the Small Claims Court to set aside the judgment and give you a new hearing. The time limits for that step are short, so act at once and get advice.
Common questions
Can a paralegal represent me in the Divisional Court?
The rules about who may represent a party in the Divisional Court are different from those in Small Claims Court. Ask before relying on that and consider getting advice from a lawyer.
Do I have to pay the judgment while appealing?
A judgment is usually enforceable unless it is stayed. If you plan to appeal, ask about a stay as part of your appeal steps.
Who can help. Appeals to the Divisional Court follow their own rules and are often handled by lawyers. A licensed paralegal can help with the Small Claims process and tell you early if an appeal is worth looking into.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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