Do I need permission from a court to appeal certain decisions in Ontario?
Yes, for some kinds of decisions. While many final orders from an Ontario Superior Court trial can generally be appealed as of right, meaning without needing anyone's permission first, certain categories of orders, particularly many interlocutory or interim orders made along the way rather than at the end of a case, generally require leave, or permission, before an appeal can proceed at all. Getting leave typically means convincing a judge that the proposed appeal raises an issue serious enough, or sufficiently arguable, to justify the time and resources of a full appeal, rather than simply being unhappy with a procedural ruling.
Some appeal routes, including certain appeals to the Divisional Court, also generally require leave, adding an extra screening step beyond simply filing a notice of appeal. This distinction matters practically because pursuing an appeal that actually required leave, without first obtaining it, generally means the appeal can't proceed at all, regardless of how strong the substantive argument might otherwise be. Before assuming an appeal can move forward, it's worth confirming whether the specific order or decision being challenged falls into a category that requires leave, since this affects both the process and the realistic timeline for getting the appeal underway.
Key takeaways
- Many final orders can be appealed as of right, without needing prior permission.
- Interlocutory or interim orders often require leave to appeal before proceeding.
- Getting leave generally means convincing a judge the issue is serious enough to warrant a full appeal.
- Confirm whether leave is required before assuming an appeal can proceed on a given order.