The Process of an Appeal to the Ontario Civil Court

Ontario law gives parties the right to appeal — and understanding how that process works can help you make a confident, informed decision about your next step.

Here’s a plain-language walkthrough of what the appeal process actually looks like.

Not all civil appeals go to the same court. Where you appeal depends on where your case was originally decided:

• Decisions from the Ontario Superior Court of Justice are typically appealed to the Ontario Court of Appeal
• Decisions from the Small Claims Court are appealed to the Divisional Court
• Decisions from the Divisional Court may be appealed to the Ontario Court of Appeal, but usually only with leave (permission)

Getting this right from the start matters — filing in the wrong court wastes time and can affect your deadlines.

One of the most important things to know about appeals is that the clock starts running the moment the decision is made.

In most civil cases, you have 30 days from the date of the order to serve and file your Notice of Appeal. Missing this deadline can permanently bar you from appealing, though extensions can sometimes be sought — they are not guaranteed.

If you’re considering an appeal, speak to a lawyer as soon as possible after receiving the decision.

The appeal formally begins when you serve and file a Notice of Appeal. This document sets out:

• The decision you are appealing
• The specific parts of the decision you are challenging
• The relief you are asking the Court of Appeal to grant

This is not the place to argue your full case — it’s simply a formal notice that an appeal is coming. But it must be accurate and complete, because it frames the entire appeal going forward.

Once the Notice of Appeal is filed, both sides must compile the Appeal Book and Compendium — a formal record of everything the appellate court needs to review the case. This typically includes:

• The trial court’s order and reasons for decision
• Relevant pleadings and evidence from the original proceeding
• Any transcripts of the trial or hearing

Preparing this record is one of the most time-consuming parts of the process, particularly in cases with lengthy trials or large volumes of evidence.

The factum is your written legal argument — the most critical document in the appeal. It sets out:

• The facts of the case
• The specific errors you say the trial judge made
• The legal arguments supporting your position
• The remedy you are asking the Court of Appeal to grant

The respondent (the other side) will file their own factum in response. There is also typically an opportunity for a reply factum.

Strong factum writing is where appeals are often won or lost. A clear, focused argument that zeroes in on the real errors — rather than re-arguing everything from the trial — tends to be far more persuasive.

After the written materials are exchanged, the Court of Appeal schedules an oral hearing. This is where lawyers for each side present their arguments before a panel of typically three judges.

Unlike a trial, there are no witnesses and no new evidence. The hearing is focused entirely on legal argument. Each side is given a set amount of time — often 30 to 60 minutes per party — to make their case and answer questions from the judges.

The panel may ask pointed, challenging questions. The judges will have read the factums in advance and often come to the hearing with specific concerns in mind.

After the hearing, the Court of Appeal will either:

• Allow the appeal — overturning or varying the original decision
• Dismiss the appeal — upholding the original decision
• Order a new trial — sending the matter back to be heard again

Decisions are sometimes given immediately after the hearing, but in complex cases the court may reserve its decision and release written reasons weeks or months later.

The appeal process in Ontario can take anywhere from 12 to 24 months from start to finish, sometimes longer in complex cases. Factors that affect timing include the complexity of the record, scheduling at the Court of Appeal, and whether any motions arise along the way.

Contact us: 416.901.9984 or info@pintoshekib.ca.