Notice of Appeal
Preparation and filing of appeal from Small Claims Court to Divisional Court.
What is included
- Reviewing the judgment or order and the reasons given
- Explaining that an appeal is heard by the Divisional Court and the deadline that usually applies
- Referring you to an Ontario lawyer for the appeal, with at least one other you could choose instead
- Helping you gather the documents the lawyer will ask for
What is not included
- Court filing fees, process servers, searches and other disbursements
- Steps beyond the service you chose, such as a trial when the service covers documents only
- Enforcing a judgment, such as garnishment or a writ, unless your service is an enforcement step
- An appeal to the Divisional Court, where a licensed paralegal may not act
- Claims over $50,000 or other matters that belong in the Superior Court of Justice
Who this service is for
- Someone who received a Small Claims judgment they disagree with
- A party who has been served with a notice of appeal
Information to have ready
- 1The judgment or order and the date it was made
- 2Any written reasons from the judge
- 3Your claim, defence and the evidence used at trial
Frequently asked questions
How much does it cost?
The fee is $750 plus 13% HST ($847.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
Can a paralegal handle my Small Claims appeal?
No. Appeals from Small Claims Court go to the Divisional Court, where a licensed paralegal may not act for you. You may represent yourself or retain a lawyer, and the firm can review the judgment with you and refer you to a lawyer before the deadline.
Can every Small Claims decision be appealed?
No. An appeal is only available from a final order, and for a money judgment only when it is for more than $5,000, not counting costs.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed, and a judgment may still need separate enforcement to be collected
- Limited to claims within the Small Claims Court limit of $50,000
- You must give documents and instructions in time to meet court deadlines
- An appeal of a Small Claims Court judgment is heard by the Divisional Court, where a licensed paralegal may not act, so for an appeal the firm does only the parts a licensed paralegal is permitted to do and refers the appeal itself to a lawyer.
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