Can I appeal just because I lost?

No. You need an identifiable error of law, or a palpable and overriding error of fact. The court does not rehear evidence or reconsider credibility findings lightly.

Do I need leave to appeal?

It depends on the order and the court below. Some appeals lie as of right; others require leave, and some go to the Divisional Court instead. Getting the route wrong can consume your appeal period.

Appeal periods are short and set by the Rules of Civil Procedure or the Criminal Code. Diarize the deadline the day the order is made.

Is it the Court of Appeal or Divisional Court?

That depends on the nature and finality of the order. Interlocutory orders and certain appeals go to the Divisional Court. Confirm before filing.

Court of Appeal for Ontario — Appeals, Leave & Procedure

Court of Appeal for Ontario

The Court of Appeal for Ontario, at Osgoode Hall, is the province's highest court. It hears appeals from the Superior Court of Justice and, in defined cases, the Ontario Court of Justice. It reviews errors of law and palpable and overriding errors of fact — it does not retry cases or hear new evidence, and appeal deadlines are short and strictly enforced.

What it does

Hears civil and criminal appeals from the Superior Court of Justice
Decides appeals from the Ontario Court of Justice in defined cases
Rules on motions for leave to appeal where leave is required
Answers references and constitutional questions

Matters it hears

Civil appeals from final orders
Criminal conviction and sentence appeals
Family law appeals
Appeals in estates, commercial and bankruptcy matters

Appeals & review

Further appeal is to the Supreme Court of Canada, generally only with leave, which is granted in a small minority of applications.

Appeal and review deadlines are short and strictly applied. Treat the decision date as the start of a clock.

Frequently Asked Questions

Can I appeal just because I lost?: No. You need an identifiable error of law, or a palpable and overriding error of fact. The court does not rehear evidence or reconsider credibility findings lightly.
Do I need leave to appeal?: It depends on the order and the court below. Some appeals lie as of right; others require leave, and some go to the Divisional Court instead. Getting the route wrong can consume your appeal period.
How long do I have?: Appeal periods are short and set by the Rules of Civil Procedure or the Criminal Code. Diarize the deadline the day the order is made.
Is it the Court of Appeal or Divisional Court?: That depends on the nature and finality of the order. Interlocutory orders and certain appeals go to the Divisional Court. Confirm before filing.

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General information about jurisdiction and process, not legal advice. LegalCounselNearMe is not a law firm and is not affiliated with Court of Appeal for Ontario. Procedures, forms and fees change — the official site is authoritative.