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Appeals

A court or tribunal ruled against you - what are your options?

An appeal is not a second attempt at the same argument. Appellate courts correct legal error; they do not rehear evidence or substitute their own view of the facts. That distinction defeats most appeals before they start. The other thing that defeats them is timing: appeal periods are short, measured in days or weeks from the decision, and courts have limited power to extend them.

What to do next

  1. Find the deadline before anything else

    Appeal periods run from the date of the decision or the entry of judgment, not from when you decided to appeal. They vary by court and by type of order, and they are among the strictest deadlines in law. Establish yours on the day you receive the decision.

  2. Identify the error, not the outcome

    Grounds are legal: the decision-maker applied the wrong test, misinterpreted the statute, denied procedural fairness, or made a finding with no evidence to support it. Disagreeing with how evidence was weighed is not a ground - factual findings are reviewed only for palpable and overriding error.

  3. Check whether you need leave

    Many appeals require permission before they can proceed, particularly from interlocutory orders, from small claims, and to the highest courts. Leave is itself an application with its own deadline and test.

  4. Ask whether an appeal is even the right route

    Administrative decisions frequently have an internal reconsideration or review stage that must be exhausted first, and judicial review is a different remedy from an appeal with a different test. Going to the wrong forum wastes the deadline for the right one.

  5. Weigh cost against what is realistically available

    Appeals are expensive, slow, and can carry a costs award if unsuccessful. Even a successful appeal often results in a new hearing rather than a reversal. A lawyer's opinion on the merits before filing is usually the best money spent.

Frequently asked questions

Can I appeal just because I disagree?

No. Appellate courts correct legal error; they do not reweigh evidence. Disagreement with the outcome is not a ground, which is why an early merits opinion matters.

How long do I have?

Short - days or weeks, running from the decision rather than from when you sought advice. Extensions are limited and discretionary.

Will I get a new hearing?

Sometimes. A successful appeal often results in the matter being sent back for rehearing rather than the result being reversed outright.

What is the difference from judicial review?

An appeal challenges the correctness of a decision where a right of appeal exists. Judicial review challenges the legality or fairness of an administrative decision where no appeal is available. Different tests, different forums.

Which court hears my appeal?

It depends on which body decided your case - the appeal route is usually stated in the decision, and each court page on this site lists where its decisions go.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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  • Arbitration & Dispute Resolution
  • Boundary Disputes
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  • Business Torts
  • Capital Markets & Securities
  • Civil Litigation
  • Commercial Leasing
  • Commercial Litigation
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Go deeper

Guides, Forums & Where This Is Decided

Background reading and the bodies that hear appeals matters.

Related guides

Where this is decided

All courts & tribunals