TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Litigation/Can I appeal a civil court…
Litigation

Can I appeal a civil court decision in Ontario and how long do I have?

TSL Written by the Treadstone Law team· Updated June 2026

Yes, Ontario civil court decisions can generally be appealed, but there are rules about where you appeal to and strict deadlines. Appeals from Small Claims Court decisions go to the Divisional Court. Appeals from Superior Court of Justice decisions typically go to the Ontario Court of Appeal, though some interlocutory (interim) orders are appealed to the Divisional Court.

The general rule is that you must serve and file your notice of appeal within 30 days of the order or judgment you want to appeal. Missing this deadline can be fatal to your appeal unless you successfully bring a motion for an extension, which requires demonstrating a reasonable explanation for the delay, an arguable ground of appeal, and that granting the extension would not unduly prejudice the other side.

Appeals are not automatic re-hearings. An appellate court reviews whether the lower court made a legal error, misapplied the law, or made a finding of fact that was unreasonable given the evidence. You cannot simply introduce new evidence on appeal without leave of the court.

Not every decision can be appealed as of right — some require obtaining leave (permission) to appeal. A lawyer can assess whether your case has genuine appellate grounds, the likelihood of success, and the cost of appeal proceedings, which are typically more expensive than first-instance litigation.

Key takeaways

  • Appeals of civil decisions in Ontario have strict 30-day deadlines.
  • Small Claims Court appeals go to Divisional Court; most Superior Court appeals go to the Court of Appeal.
  • Appellate courts review legal errors or unreasonable findings — not full re-hearings.
  • Some appeals require leave (permission) of the court to proceed.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 2,500 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →