I lost my case in Ontario — can I appeal, and how long do I have?
Most Ontario appeals must be started within 30 days of the order, go to the Divisional Court or Court of Appeal depending on the amount and the type of order, and succeed only on an error of law or a palpable and overriding factual error.
The notice of appeal is generally due 30 days after the order appealed from. Missing the deadline is not always fatal, but it forces a motion to extend time in which delay, intention to appeal and the merits are all weighed.
The route matters. Final orders of the Superior Court usually go to the Court of Appeal for Ontario, while certain money judgments, interlocutory orders and statutory appeals from tribunals go to the Divisional Court, sometimes only with leave.
An appeal is not a second trial. Findings of fact stand unless a palpable and overriding error is shown; questions of law are reviewed for correctness. Ordering the transcripts early is usually the first practical step.
Source: Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 6, 19 · Rules of Civil Procedure, r. 61
This work is handled by Arjun Vishwanth (Civil litigation). Read more about civil litigation at VK Law Group, or send us the facts and we will tell you where you stand.
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