How do I know whether my Ontario appeal goes to the Divisional Court or the Court of Appeal?

The Courts of Justice Act sets out Ontario's court structure and generally determines which appeals go where, and the answer usually depends on the nature of the original order and, in some contexts, the amount of money involved. Appeals from the Superior Court of Justice can go to either the Divisional Court or the Court of Appeal for Ontario, depending on factors like whether the order is final or interlocutory and the specific type of proceeding involved, rather than there being one single appeal route for every kind of Superior Court decision.

Appeals from Small Claims Court decisions, by contrast, go only to the Divisional Court, and only where the amount in dispute exceeds the province's appeal threshold; smaller Small Claims judgments are generally final, with no further appeal route available. Because getting this wrong, by filing in the wrong court, can cause real delay and added cost, confirming the correct appeal route before filing is an important early step, ideally as soon as the decision being challenged is known, rather than assuming the more familiar or higher-profile Court of Appeal is automatically the right destination for every civil appeal.