Can I appeal a Small Claims Court decision in Ontario?
Yes, a Small Claims Court decision can be appealed, but the right to appeal is limited. An appeal lies to the Divisional Court (a branch of the Superior Court of Justice), but only if the amount in dispute exceeds a threshold set by provincial regulation. If the amount at stake falls below that threshold, an appeal may not be available as of right, though in some circumstances you may be able to seek leave (permission) to appeal.
An appeal is not a new trial. The Divisional Court reviews whether the deputy judge made a legal error or reached a decision that was so unreasonable that no reasonable adjudicator could have made it. Disagreeing with the result, or wishing the judge had weighed the facts differently, is generally not enough to succeed on appeal.
Appeals must be filed within the time limit set by the rules — missing it can be fatal to your appeal unless you get an extension. Given the cost and complexity of Divisional Court proceedings (which typically require a lawyer), it is worth getting a candid assessment of your grounds before investing in an appeal.
Key takeaways
- Appeals go to the Divisional Court, but only when the amount exceeds the applicable threshold.
- An appeal is not a new trial — it reviews legal errors, not factual disagreements.
- Strict time limits apply; missing the deadline can end your appeal.
- Divisional Court proceedings are more complex and costly than Small Claims Court.