Appeal - An application to a higher court for a judicial review of a lower court’s decision. An appeal of a Ontario Small Claims Courtdecision is heard in the Divisional Court.
Prior to 2010, only those cases that were in excess of $500 could be appealed.
Since 2010, only cases in excess of $2,500 may be appealed.
Generally speaking, only a final order, and not an interlocutory order, of the Ontario Small Claims Court can be appealed.
Appeals, compared to Small Claims Court actions generally, are much more complicated and document intensive. Furthermore, the time lines can be rather strict.
Some of the steps in an appeal include:
- Filing and serving a Notice of Appeal. This must be done within 30 days of the issuance of the decision to be appealed.
- Request a transcript of the proceeding to be appealed. This must be co-ordinated with the courtroom monitor who was in the courtroom the day of the hearing. Usually a minimum of three transcripts are required as photocopying of transcripts is not permitted.
- A certificate respecting evidence.
- Once the transcript is ready then a factum will need to be prepared and the appeal otherwise perfected.
Licensed paralegals are not permitted to appear in Divisional Court and thus it is highly recommended that an appellant retain the services of a lawyer to represent them.
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