Can a decision granting or refusing probate be appealed in Ontario, and to which court?

Yes, a decision of the Ontario Superior Court of Justice granting or refusing a Certificate of Appointment of Estate Trustee (probate) can generally be appealed, though where the appeal goes depends on the nature of the order. Final decisions resolving the substantive dispute — for example, a ruling after a contested hearing that a will is or isn't valid — are generally appealed to a higher court, while certain interim or procedural rulings made along the way may instead go to the Divisional Court, depending on the type of order and the rules that classify it.

Because Ontario's court structure distinguishes between final orders, interlocutory orders, and orders involving smaller amounts or narrower issues, and each category can have a different appeal route and a different, often short, deadline to file, it's important to identify exactly what kind of order you're appealing before assuming where or how to proceed. Getting this wrong — for example, filing in the wrong court — can waste valuable time on a deadline that generally doesn't pause while the mistake gets sorted out. Anyone considering an appeal of a probate-related decision should speak with a lawyer immediately after the decision is made, given how quickly appeal rights can be lost.